RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03239

		COUNSEL:  NONE

		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

His reentry (RE) code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to RE Code 1 so that he can be eligible to rejoin the military. 

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APPLICANT CONTENDS THAT:

His RE code is unjust because his separation was a result of academic failure and not due to criminal activity or misconduct.  

The applicant’s complete submission 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 24 Apr 12.  

On 23 Aug 12, the applicant’s commander notified him that he was recommending his discharge from the Air Force for entry level performance or conduct.  Specifically, he failed to make satisfactory progress in a required training program.  The reason for the action included two block test failures during technical training.  

On 23 Aug 12, the applicant acknowledged receipt of the action.

On 28 Aug 12, the applicant consulted with legal counsel, and submitted statements in his own behalf.  

On 4 Sep 12, the case was found legally sufficient and the discharge authority directed the applicant be furnished an entry level separation.  He was not eligible for probation and rehabilitation.  

On 10 Sep 12, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of “Entry-Level Performance or Conduct,” and was issued a 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 4 months and 17 days of total active service.  

The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which are attached at Exhibit C and D.

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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 applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulations and appropriately administered 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.  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 C.  

AFPC/DPSOA recommends denial of the applicant’s request for a reenlistment eligible RE code of 1.  The only available RE Code a member can separate with is 1J if eligible to reenlist but elects separation.  Airmen selected under the selective reenlistment program (SRP) and elect separation are given RE code 1J.  It is clear the applicant could not have been selected for reenlistment by his commander because he was not fully qualified in a career field.  In this case, the applicant erroneously received an RE code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service).  The applicant should have received an RE code of 3A (First term Airman [involuntarily separated] (entry-level) for inability to satisfactorily progress in a required training program without characterization of service; or a first-term Airman [involuntarily separated] for failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties).  

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 13 Jan 14 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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing.  Based on the available evidence of record, it appears the applicant’s entry level separation with uncharacterized service was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority.  The applicant has provided no evidence which would lead us to believe the characterization of the service was contrary to the provisions of the governing regulation, unduly harsh, or disproportionate to the circumstances.  While we note that AFPC/DPSOA indicates the applicant’s records should be administratively corrected to reflect that he was issued an RE Code of 3A, instead of 2C, we are not convinced that his records should be so corrected.  In this respect, we note that the RE Code of 2C is appropriate to the applicant’s circumstance and is required to be issued in conjunction with an entry level separation with uncharacterized service in accordance with the provisions of AFI 36-2606, Reenlistments in the USAF.  Therefore, notwithstanding the comments of AFPC/DPSOA, in the absence of any evidence the applicant has been treated differently than others similarly situated, we find no basis to recommend granting the requested 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-2013-03239 in Executive Session on 8 April 2014, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 14 Jun 13.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOR, dated 30 Aug 13.
     Exhibit D.  Letter, AFPC/DPSOA, dated 18 Oct 13.
     Exhibit E.  Letter, SAF/MRBR, dated 13 Jan 14.




                                   
                                   Panel Chair


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