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AF | BCMR | CY2013 | BC 2013 03717
Original file (BC 2013 03717.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03717
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His separation code of “LBK” (Expiration of Term of Service) 
be changed due to inconsistencies in his military personnel 
records.

2.  His Reentry (RE) code of 2X (First-term, second-term or 
career airman considered but not selected for reenlistment under 
the Selective Re-enlistment Program (SRP)) be changed to allow 
him to reenter the military.

________________________________________________________________

APPLICANT CONTENDS THAT:

His separation code is inconsistent with other documentation in 
his records and his RE code is inequitable due to it being based 
on a single incident over his nine year career with no 
opportunity to rehabilitate.

In support of his request, the applicant provides copies of his 
AF IMT 100, Request and Authorization for Separation; Personal 
Data Sheet, and DD Form 214, Certificate of Release or Discharge 
From Active Duty. 

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 20 Jan 04.

On 25 Feb 13, the applicant’s supervisor non-recommended him for 
reenlistment and on the same date, the applicant’s commander 
non-selected him for reenlistment.  In doing so, the commander 
indicated the applicant was not selected for retention under the 
2013 Date of Separation (DOS) Rollback Program for receiving an 
Article 15 for a false official statement.

On 25 Feb 13, the applicant acknowledged receipt and on the same 
date, rendered an intent to appeal the commander’s decision.

The applicant had until 7 Mar 13 to submit his appeal but failed 
to do so by the required date.

On 30 Apr 13, the applicant was issued an AF IMT 100, Request 
and Authorization for Separation, that indicates his separation 
code as “LBK” and RE code as “2X.”

On 16 Jun 13, the applicant was furnished an honorable discharge 
with a narrative reason for separation of “Non-Retention On 
Active Duty,” RE code of “2X,” and issued a separation code of 
“LGH” (Failure to meet minimum standards of service).  He was 
credited with 9 years, 4 months, and 27 days of total active 
service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial of the applicant’s request to 
change his separation code, indicating there is no evidence of 
an error or injustice.  There was no error in the preparation of 
the applicant’s DD Form 214 and the discharge was consistent 
with the procedural and substantive requirements of the 
Secretary of the Air Force (SECAF) Memorandum Fiscal Year 
2013 (FY13) Force Management Program and was within the 
discretion of the discharge authority.  The applicant’s 
separation order and the military personnel data system will be 
administratively corrected to reflect the separation code of 
“LGH.”  Both currently reflect the incorrect separation code of 
“LBK.”  The applicant did not provide any evidence of an error 
or injustice that occurred in the separation processing.

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

AFPC/DPSOA recommends denial of the applicant’s request to 
change his RE code.  The applicant has not provided any proof of 
an error or injustice in reference to his RE code and his non-
selection for reenlistment was in accordance with current 
guidance.  His non-selection for re-enlistment was carried out 
in accordance with AFI 36-2606, Reenlistment in the USAF, which 
indicates that commanders have selective reenlistment or non-
selection authority.  The SRP considers the member’s Enlisted 
Performance Report (EPR) ratings, unfavorable information from 
any substantiated source, the Airman’s willingness to comply 
with Air Force standards and/or the Airman’s ability (or lack 
of) to meet required training and duty performance levels.  The 
applicant was non-selected for reenlistment based on his own 
actions.  Although his Article 15 is cited, there is no other 
way of knowing what other derogatory information may have been 
in his personnel record.

A complete copy of the 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 31 Jan 14 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 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-2013-03717 in Executive Session on 15 May 14, under 
the provisions of AFI 36-2603:

	                     , Panel Chair
	                   , Member
	                    , Member

Although        chaired the panel, in view of her 
unavailability, Mr.        has signed as Acting Panel Chair.  
The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 Jul 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSOR, dated 3 Dec 13.
	Exhibit D.  Letter, AFPC/DPSOA, dated 17 Jan 14.
	Exhibit E.  Letter, SAF/MRBR, dated 31 Jan 14.




                                   
                                   
                                  

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