Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 01706
Original file (BC 2014 01706.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2014-01706

	 		COUNSEL: NONE

			HEARING DESIRED: YES


APPLICANT REQUESTS THAT:

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 
enlist in the Air National Guard (ANG) or the Navy Reserve.


APPLICANT CONTENDS THAT:

He was discharged for having a preexisting medical condition.  
However a statement from his childhood physician and supporting 
reports that he successfully completed his post discharge physical 
fitness training show otherwise.

The Board should find it in the interest of justice to consider 
his untimely application because he was physically fit prior to 
his entry in the Air Force and remains physically fit and would 
like to serve again.

In support of his request, the applicant provides a statement from 
his physician and other documents associated with his request.

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


STATEMENT OF FACTS:

On 27 July 1995, the applicant enlisted in the Regular Air Force.

On 24 August 1995, the applicant received an entry level 
separation with uncharacterized service after serving 28 days on 
active duty.  His narrative reason for separation was “Fraudulent 
entry into military service” and his RE code is “2C.”

In 2005, the applicant submitted an application requesting the 
Board change his character of service from “uncharacterized” to 
“honorable” and his narrative reason for his discharge from 
“Fraudulent Entry” to “medical” or an equivalent reason.

In a letter dated 30 June 2006, the Secretary of the Air Force 
directed that the applicant’s record be corrected to show that his 
DD Form 214, Certificate of Release or Discharge from Active Duty, 
Block 26, Separation Code, be changed to “KFF,” and Block 28, 
Narrative Reason for Separation, be changed to “Secretarial 
Authority.”


AIR FORCE EVALUATION:

AFPC/SG recommends denial.  The applicant was evaluated for low 
back pain and met a medical evaluation board on 9 August 1995 for 
mechanical lower back pain.  Records reflect that he has had lower 
back pain since age 13 and had modified his life to avoid 
activities which would cause him back pain.  The orthopedic 
surgeon recommended an entry level separation due to his inability 
to continue in training secondary to his lower back pain.  Based 
on the documentation on file in the applicant’s records, his 
separation was done in accordance with established policy and 
administrative procedures.

The complete SG evaluation is at Exhibit C.

AFPC/DPSOA recommends denial.  The applicant’s RE code of 2C is 
required per AFI 36-2606, Reenlistments in the United States Air 
Force, based on his involuntary discharge with entry level 
separation.

The complete DPSOA evaluation is at Exhibit D.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 11 August 2014, copies of the Air Force evaluations were 
forwarded to the applicant 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 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 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.

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(s) involved.  
Therefore, the request for a hearing is not favorably considered.


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 BC-2014-01706 
in Executive Session on 12 March 2015, under the provisions of AFI 
36-2603:

       , Panel Chair
       , Member
       , Member

The following documentary evidence pertaining to AFBCMR BC-2014-
01706 was considered:

     Exhibit A.  DD Form 149, dated 14 April 2014, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AETC/SGPS, dated 10 June 2014.
     Exhibit D.  Letter, AFPC/DPSOA, dated 16 June 2014.
     Exhibit E.  Letter, SAF/MRBR, dated 11 August 2014.





 

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 04008

    Original file (BC 2014 04008.txt) Auto-classification: Denied

    Her narrative reason for separation [Fraudulent Entry into Military Service] and the corresponding separation code of “JDA” be changed. The complete DPSOA evaluation is at Exhibit E. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Her discharge for fraudulent reasons is unfair. 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...

  • AF | BCMR | CY2011 | BC-2011-02296

    Original file (BC-2011-02296.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02296 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His reentry code (RE) 4C (concealment of juvenile records, minority, failure to meet physical standards for enlistment, failure to attain a 9.0 reading level as measured by the Air Force Reading Abilities Test, or void entry level separation without...

  • AF | BCMR | CY2011 | BC-2011-04043

    Original file (BC-2011-04043.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04043 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code 2C (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) and his separation (SPD) code JFC (erroneous enlistment) be changed to allow him to enter the Air Force...

  • AF | BCMR | CY2011 | BC-2011-04700

    Original file (BC-2011-04700.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04700 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her character of service be changed from uncharacterized to honorable and her reentry (RE) code “2C” (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to allow her to reenter...

  • AF | BCMR | CY2012 | BC-2012-03351

    Original file (BC-2012-03351.txt) Auto-classification: Denied

    Based upon the physician’s findings, the applicant was notified by her commander of his intent to recommend her for an uncharacterized entry-level separation based on fraudulent entry, under the provisions of Air Force Program Directive 36-32 and Air Force Instruction 36-3208, Chapter 5, Section 5C, Defective Enlistments, paragraph 5.15 under Basis for Discharge for Fraudulent Enlistment. Subsequently, the discharge authority approved the recommended discharge and directed the applicant be...

  • AF | BCMR | CY2014 | BC 2014 01252

    Original file (BC 2014 01252.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01252 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Reentry (RE) code be changed from 2C which denotes “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” to 3C which denotes “First Term Airman not yet considered under the SRP” or an appropriate code, to allow him to re-enlist. The RE code 2C is...

  • AF | BCMR | CY2014 | BC 2014 02998

    Original file (BC 2014 02998.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02998 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reenlistment (RE) Code of “2G” (Fraudulent Entry into Military Service, Drug Abuse) be changed to allow him to reenlist in the military. We note that AFPC/DPSOA has determined that the RE code of 2G was issued to the applicant in error and will correct his records to reflect that his RE code is 2C. THE BOARD...

  • AF | BCMR | CY2010 | BC-2010-00532

    Original file (BC-2010-00532.txt) Auto-classification: Denied

    His military physician indicated if his condition resolved, he could reapply for enlistment. The complete AFPC/DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 10 Sep 10 for review and comment within 30 days. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of...

  • AF | BCMR | CY2011 | BC-2011-02514

    Original file (BC-2011-02514.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02514 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to change his Separation Program Designator (SPD) Code “JDA,” “Fraudulent Entry into Military Service” and Re-entry (RE) code of “2C,” Approved Honorable...

  • AF | BCMR | CY2013 | BC 2013 02810

    Original file (BC 2013 02810.txt) Auto-classification: Denied

    The applicant was discharged on 19 May 2008. AFPC/DPSOY will provide the applicant a corrected copy of his DD Form 214 with an RE code of 2C, unless otherwise directed by the board. The SGPS complete evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 6 December 2013, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days (Exhibit E).