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AF | BCMR | CY2013 | BC 2013 03728
Original file (BC 2013 03728.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03728

			COUNSEL: NONE

			HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT: 

His reentry (RE) code 2P (separated under AFR 39-10 as marginal 
performer or to preserve good order and discipline, BMT 
eliminees discharge due to erroneous enlistment, concealment of 
civilian convictions, etc.) be corrected.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was never absent without leave (AWOL).  In fact, he never had 
any disciplinary incidents while enlisted.  

In support of his appeal, the applicant provides his DD Form 
214, Certificate of Release or Discharge from Active Duty and 
Decree for Change of Name.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 May 1980.  
His commander recommended that he be discharged under the 
provisions of AFR 39-10, after receiving six Records of 
Individual Counseling for poor duty performance.  The applicant 
failed his End of Course exam and was later removed from on-the-
job training due to his poor attitude towards training.  He was 
discharged on 17 April 1981 with an honorable discharge.  His RE 
code was listed as 2P.  He was credited with 11 months and 
8 days of active duty service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  The applicant was involuntarily 
discharged on 17 April 1981 under Marginal Performer with an 
honorable discharge.  

He contends he was never AWOL and never had any disciplinary 
incidents.  However, RE code 2P did not have the meaning of AWOL 
at the time of his discharge.  Additionally, the applicant’s 
discharge package had several Letters of Counseling in support 
of his involuntary discharge.  

The applicant’s RE code is the correct RE code per the 
applicable guidance at that time. 

The complete DPSOA evaluation, with attachment, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 January 2014, for review and comment within 
30 days (Exhibit D).  As of this date, this office has received 
no response.

________________________________________________________________

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.  We took notice 
of the applicant’s complete submission in judging the merits of 
the case; however, we are not persuaded by the evidence 
submitted in his appeal that a change in his RE code is 
warranted.  Therefore, 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 that the applicant has not been the victim of an 
error or injustice.  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 that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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-2013-03728 in Executive Session on 10 April 2014 under 
the provisions of AFI 36-2603:


The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Jul 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOA, dated 22 Nov 13, w/atch.
	Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 14.


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