RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05451
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Reentry (RE) Code of 2C (entry-level separation with uncharacterized service) be changed to one which will allow him to reenlist in the Air Force.
APPLICANT CONTENDS THAT:
The RE Code of 2C with uncharacterized character of service prevents him from reenlisting in the Air Force.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 6 Aug 13.
On 4 Oct 13, his commander notified him that he was recommending him for discharge for unsatisfactory entry-level performance or conduct. His reasons for this action were based on the applicants unsatisfactory conduct and performance documented on his BMT Form 105A, Basic Training Record, and Letters of Reprimand dated 23 Aug 13 and 19 Sep 13.
On 8 Oct 13, the applicant consulted legal counsel and submitted a response to the discharge action. His response conveyed his desire to stay in the Air Force so as to serve his country, and to serve the needs of the Air Force by using his acquired skills and talents.
On 18 Oct 13, the discharge authority approved the commanders recommendation and directed the applicant be furnished an entry-level separation (ELS) with uncharacterized service.
On 21 Oct 13, the applicant was furnished an ELS with Uncharacterized Service under the provisions of AFI 36-3208, Administrative Separation of Airmen, for Entry-Level Performance and Conduct and issued an RE code of 2C. He was credited with 2 months and 16 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.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. Based on the documentation on file in the applicants master personnel records, the discharge, to include the SPD code, narrative reason for separation and character of service, was appropriately administered and within the discretion of the discharge authority. Airmen are given ELS with uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service. Therefore, the Uncharacterized character of service which resulted in the re-entry code of 2C on his DD Form 214 is correct and in accordance with DoD and Air Force instructions. The applicant did not provide any evidence that an error or injustice occurred in the processing of his discharge.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice. The applicant does not provide any proof of an error or injustice in reference to his RE Code. The RE Code of 2C is correct based on the applicants ELS with uncharacterized character of service and was issued in accordance with AFI 36-2606, Re-enlistments in the USAF.
A complete copy of the AFPC/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 2 Jun 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 an error or injustice. We took notice of the applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSOR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2013-05451 in Executive Session on 11 Sep 14, under the provisions of AFI 36-2603:
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05451 was considered:
Exhibit A. DD Form 149, dated 6 Nov 13.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR dated 8 Jan 14.
Exhibit D. Letter, AFPC/DPSOA, dated 11 Feb 14.
Exhibit E. Letter, SAF/MRBR, dated 2 Jun 14.
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