RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02797

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His reentry (RE) and separation program designator (SPD) codes be revised to allow him the opportunity for reenlistment into the Air Force or other military service.  

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APPLICANT CONTENDS THAT:

His negative performance during technical training school was caused by his health issues carried over from basic military training (BMT).  If permitted to reenlist at this time, he would be successful.  

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

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted in the Regular Air Force on 27 Nov 07.  

On 2 Apr 08, the applicant’s commander eliminated him from training due to academic deficiency.  

On 16 Apr 08, the applicant was notified by his commander of his intent to recommend his discharge from the Air Force for entry-level performance or conduct for failure to make satisfactory progress in a required training program.  The specific reasons for the action were as follows:  

	a)  On 27 Feb 08, the applicant was sleeping in class for which he received a Record of Individual Counseling.  

	b)  On 11 Mar 08, the applicant was sleeping during supervised study for which he received a Record of Individual Counseling.  

	c)  On 20 Mar 08, the applicant failed to stay awake in class for which he received a Letter of Reprimand (LOR).  

	d)  On diverse occasions during the period 24 Mar 08 through 28 Mar 08, the applicant failed to stay awake in class, for which he received a LOR on 28 Mar 08.  

	e)  On 28 Mar 08, after being issued a LOR for sleeping, he returned to his classroom and immediately fell asleep again.  On 31 Mar 08, the applicant again failed to stay awake in class, for which he received an LOR.  

On 16 Apr 08, the applicant acknowledged receipt of the action and waived his right to consult with legal counsel or submit a statement on his behalf.

On 28 Apr 08, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of “Entry-Level Performance and Conduct,” and was issued an RE code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) and separation program designator (SPD) code of JGA (entry-level performance and conduct).  He was credited with 5 months and 19 days of total active service.  

  

The remaining relevant facts pertaining to this application are described 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:

AFPC/DPSOA recommends denial of the applicant’s request for a RE code that would allow him to reenlist.  The applicant received an involuntary discharge with a narrative reason for separation of entry-level performance and conduct, after serving five months and two days of service, with an uncharacterized character of service.  The RE code 2C is required based on the entry-level separation with uncharacterized service in accordance with AFI 36-2606, Reenlistment in the USAF, and the applicant did not provide any evidence of an error or injustice for the issuance of his RE code.  Therefore, the RE code of 2C is correct.  It is up to each component of the military to waive the RE code of 2C if they believe it is warranted.  

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

AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice.  Based on the documentation on file in the applicant’s 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 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.  In this case, the applicant failed to make satisfactory progress in a required training program, resulting in elimination from training.  The applicant’s records reflect he was counseled and afforded an opportunity to overcome his academic deficiencies; however, his performance met with negative results.  Subsequently, he was processed for an entry-level separation since his commander initiated separation action prior to 180 days of continuous active military service.  

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 20 Sep 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).  

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant contends his health issues carried over from BMT were the cause of his early separation and that he is now currently fit to serve.  However, after thorough review of the evidence of record and the applicant’s complete submission, 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’s entry-level separation was carried out in accordance with the prescribing directives.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.  

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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-2013-02797 in Executive Session on 6 Mar 14, under the provisions of AFI 36-2603:

	Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 4 Jun 13.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSOA, 16 Jul 13.
	Exhibit D.  Letter, AFPC/DPSOR, dated 22 Aug 13.
	Exhibit E.  Letter, SAF/MRBR, dated 20 Sep 13.




                                   
                                   Chair

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