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Decision Text

AF | BCMR | CY2013 | BC 2013 01175
Original file (BC 2013 01175.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01175

		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His reentry (RE) code of 2C (involuntary separation with honorable discharge) be changed to allow his re-entry into the military.  

________________________________________________________________

APPLICANT CONTENDS THAT:

1.  He was young and naïve when he made the choice of faking a mental disorder to return home from basic military training (BMT).  Now, by having “thoughts of suicide” annotated in his records, it is difficult to rejoin any branch of the military.  He has documentation from a psychologist stating he is of sound mind.  

2.  He was misled by his psychologist when he was erroneously told other branches of the military were an option for re-entry after his separation from the Air Force.  However, an RE code of 2C requires a waiver in which no military branch is now accepting.  

The applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 18 October 2011.  

On 26 October 2011, the applicant was provided a mental health evaluation and was diagnosed with an adjustment disorder with mixed anxiety and depressed mood.  The Behavioral Analysis Service (BAS) recommended the applicant’s separation due to the volume and severity of his psychological symptomatology, and in view emergent thoughts of suicide.  


On 18 November 2011, the applicant was notified by his commander of his intent to recommend his discharge for conditions that interfere with military service, specifically for mental disorders.  

On 18 November 2011, the applicant acknowledged receipt of th action, waived his right to consult with counsel or submit statements on his own behalf, and acknowledged that he was not entitled to any disability, retirement or severance pay.  

On 21 November 2011, the applicant was furnished an entry-level separation with uncharacterized service and a narrative reason for separation of “Adjustment Disorder” and was credited with one month and four days of total active service.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.  

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice.  Based on the documentation on file in the master personnel records, the discharge was appropriately administered and within the discretion of the discharge authority.  Airmen are given entry-level separation with uncharacterized service when separation is initiated within the first 180 days of continuous active service.  The Department of Defense (DoD) determined that it would be unfair to the Department or the member to characterize a member’s limited service when such service is less than 180 days.  Therefore, he was appropriately issued an entry-level separation with uncharacterized service resulting in the RE code of 2C in accordance with Air Force Instruction 36-3208, Administrative Separation of Airmen.  

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends denial, indicating there is no evidence of an error or injustice.  Based on the applicant’s entry-level separation with uncharacterized service for an “Adjustment Disorder,” the RE code 2C is required per AFI 36-2606, Reenlistments in the USAF.  The applicant did not provide any evidence of an error or injustice in reference to his RE code.  Also the applicant’s discharge processing and recommended denial was validated by AFPC/DPSOR.  

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.  

________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 5 July 2013 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).  

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.


________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2013-01175 in Executive Session on 12 December 2013, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member





The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01175 was considered:

     Exhibit A.  DD Form 149, dated 3 March 2013, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOR, dated 3 May 2013.
     Exhibit D.  Letter, AFPC/DPSOA, dated 10 May 2013.
     Exhibit E.  Letter, SAF/MRBR, dated 5 July 2013.




                                   
                                   Panel Chair



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