RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03461
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 4M (Air Force breach of enlistment/reenlistment agreement) be changed to 1J (Eligible to reenlist, but elects separation) to allow him reentry into military service.
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APPLICANT CONTENDS THAT:
He was separated through no fault of his own. The Air Force was unable to classify him into the guaranteed air force specialty code (AFSC) 2M032, Missile and Space System Maintenance, due to his vision.
The applicants complete submission, with attachment, is at Exhibit A.
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STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted in the Regular Air Force on 29 Jul 03.
On 22 Sep 03, the applicant was furnished an entry-level separation with uncharacterized service with a narrative reason for separation of Defective enlistment Agreement, and an RE code of 4M. He was credited with 1 month and 24 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.
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AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice. The applicant contends his separation was based on non-fulfillment of a government contract. In fact, the applicant was separated for non-fulfillment of government contract because he did not have the required vision for the requested job. The applicant requested to receive RE code 1J; however, all airmen selected under the selective reenlistment program (SRP) and elect separation are given RE code 1J. In accordance with AFI 36-2606, Reenlistment in the United States Air Force, the applicant cannot be awarded a RE Code 1J, as he was not eligible to be considered or selected under the SRP by his commander based on his separation circumstances.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 31 Oct 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 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 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 opinion and recommendation of the Air Force office of primary responsibility and adopt its 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.
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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-2013-03461 in Executive Session on 29 Apr 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Jul 13, w/atch.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSOA, dated 20 Sep 13.
Exhibit D. Letter, SAF/MRBR, dated 31 Oct 13.
Panel Chair
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