RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00499
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code 2P (Separated under 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 changed to reflect discharge for medical reasons.
APPLICANT CONTENDS THAT:
His RE code 2P reflects he was discharged for being Absent Without Leave (AWOL); however, he was in fact discharged for medical reasons. This correction would allow him to receive medical benefits from the Department of Veterans Affairs.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 29 Jun 79.
On 10 Jul 79, the Internal Medicine Clinic recommended the applicant be discharged for a medical condition that existed prior to entry into the service. They concluded the condition was not aggravated by the service beyond the normal progression of the condition.
On 19 Jul 79, the applicant requested to be discharged under the provisions of AFR 39-10, Chapter 3, paragraph 3-8g, Separation Upon Expiration of Term of Service, for Convenience of Government, Minority, Dependency and Hardship. In his request the applicant acknowledged that a medical board had determined that at the time of entry into military service he did not meet the minimum medical standards for enlistment into the Air Force. On the same date, the discharge authority directed an honorable discharge.
On 19 Jul 79, the applicant was furnished an honorable discharge, and was credited with 21 days of active service.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice.
The applicant was discharged after 21 days of service based on erroneous enlistment. The RE code 2P did not have the meaning of AWOL at the time of discharge.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 12 Sep 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office.
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 applicants 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 (OPR) 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-2014-00499 in Executive Session on 21 Nov 14 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 4 Apr 14.
Exhibit D. Letter, SAF/MRBR, dated 12 Sep 14.
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