RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01975
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His reentry (RE) code of 2C (entry-level separation without character of service) on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to 1A (ineligible to reenlist, but condition waived).
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APPLICANT CONTENDS THAT:
The applicant did not provide any supporting rationale for his request.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 14 Jun 11.
On 28 Oct 11, competent medical authority diagnosed the applicant with Osgood-Schlatter disease, stating the condition did exist prior to the applicants initial entry into military service. In addition, the applicant stated he was unwilling to carry out the duties of his assigned Air Force Specialty Code (AFSC), to include carrying a weapon.
On 30 Nov 11, the applicants commander notified him he was recommending him for an entry-level separation (ELS) for erroneous enlistment. The reasons for this action were the applicant was diagnosed with Osgood-Schlatter disease and had a nonspecific abnormal finding (unwillingness or objection to carry a weapon). The applicant acknowledged receipt, and waived his right to counsel and to submit statements on his own behalf.
Airmen are given ELS with uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined it would be unfair to the member and the service to characterize a members limited service when separation is initiated within the first 180 days of active service.
On 1 Dec 11, the applicants commander recommended him for discharge. The separation package was subsequently reviewed and determined to be legally sufficient, and the discharge authority directed the applicant receive an ELS for erroneous enlistment.
On 7 Dec 11, the applicant was furnished a ELS with uncharacterized service, an RE code of 2C, a narrative reason for separation of erroneous entry, and was credited with 5 months and 24 days of active service.
The remaining relevant facts pertaining to this application are contained in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.
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AIR FORCE EVALUATION:
AETC/SGPS recommends denial, indicating there is no evidence of an error or injustice. The applicant did not provide a reason as to why he was making this request. The separation was accomplished in accordance with established policy and administrative procedures.
A complete copy of the AETC/SGPS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial, indicating there is no evidence of an error or injustice. The applicant was discharged after serving 5 months and 24 days. He received an RE code of 2C, as required by AFI 36-2606, Reenlistment in the USAF, based upon his involuntary discharge with an uncharacterized character of service. The applicant does not provide any evidence of an error or injustice concerning his RE code.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 23 Aug 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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 applicants 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 (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01975 in Executive Session on 27 Feb 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Apr 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AETC/SGPS, dated 2 May 13.
Exhibit D. Letter, AFPC/DPSOA, dated 31 Jul 13.
Exhibit E. Letter, SAF/MRBR, dated 23 Aug 13.
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