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Decision Text

AF | BCMR | CY2014 | BC 2014 01392
Original file (BC 2014 01392.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-01392
					COUNSEL: NONE
		HEARING DESIRED: YES 


APPLICANT REQUESTS THAT:

1.  His uncharacterized service be changed to honorable.

2.  His Reentry (RE) code of “2C” which denotes “Involuntarily 
separated with an honorable discharge; or entry-level separation 
without characterization of service” be changed to allow him to 
reenlist in the Armed Forces.


APPLICANT CONTENDS THAT:

His conduct and performance during his period of service did not 
warrant a RE code 2C. 

The Board should consider his untimely application in the interest 
of justice because he has matured and learned from his mistakes.

In support of his request, the applicant provides a personal 
statement and a copy of his 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:

On 4 Oct 11, the applicant enlisted in the Regular Air Force. 

According to the AFPC/DPSOR memorandum, dated 24 Apr 14, on 21 Feb 
12, the applicant was notified of his commanders intent to 
recommend his discharge from the Air Force under the provisions of 
AFI 36-3208, Administrative Separation of Airmen for Entry-Level 
Performance or Conduct.  Specifically for failure to make 
satisfactory progress in the Basic Medical Technical Training 
Program Course.  The applicant failed three exams within the 
Emergency Medical Technician (EMT) block of training and was 
counseled numerous times regarding exam preparation and 
expectations.  He acknowledged receipt of the notification of 
discharge, was afforded the opportunity to consult counsel and to 
submit a statement on his own behalf.  The base legal office 
reviewed the case and found it legally sufficient to support the 
discharge.  The discharge authority approved the applicant’s 
discharge.

On 7 Mar 12, the applicant was discharged with uncharacterized 
service in the grade of airman basic.  He served five months and 
four days of total active service. 


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  The applicant’s service 
characterization is correct as reflected on his DD Form 214.  
Airmen are given entry-level separation/uncharacterized service 
characterization 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 service which resulted in the RE Code of 2C on the 
applicant’s DD Form 214 is correct and in accordance with DoD and 
Air Force instructions.

Based on the documentation on file in the applicant’s master 
personnel records, the discharge to include the service 
characterization was appropriately administered and within the 
discretion of the discharge authority.

The applicant does not provide proof of an error or injustice that 
occurred in the discharge processing. 

The complete DPSOR evaluation is at Exhibit B.

AFPC/DPSOA recommends approval.  The applicant received an 
erroneous RE code of 2C.  He was involuntarily discharged for 
failure to make satisfactory progress in a required training 
program.  Therefore, the applicant’s correct RE code is “3A” which 
denotes First-term airman “involuntarily separated” (entry-level) 
for inability to satisfactorily progress in a required training 
program without characterization of service; or a first-term 
airman “involuntarily separated” for failure to progress in 
military training required to be qualified for service with the 
Air Force or for performance of primary duties,” based on being 
discharged for his inability to satisfactorily progress in a 
required training program without characterization of service.  In 
addition, AFI 36-2606, Reenlistments in the Air Force, note 4, 
states “only applies to initial technical trainees.  Airmen 
separated under this provision are not updated to a RE code of 
2C.”

In addition, DPSOY will provide the applicant a corrected copy of 
his DD Form 214 with an RE code of 3A, unless otherwise directed 
by the Board.

The complete DPSOA evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 20 Jun 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 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 the rationale expressed as the basis for our conclusion 
that relief beyond that granted administratively is not warranted.  
Therefore, in the absence of evidence to the contrary, we find no 
basis to grant the relief sought in this application. 

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel will 
materially add to our understanding of the issue involved.  
Therefore, the request for a hearing is not favorably considered.


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-2014-01392 in Executive Session on 15 Jan 15, under the 
provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-01392 was considered:

	Exhibit A.  DD Form 149, dated 31 Mar 14, w/atchs.
	Exhibit B.  Letter, AFPC/DPSOR, dated 24 Apr 14.
	Exhibit C.  Letter, AFPC/DPSOA, dated 9 Jun 14.
Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 14.



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