RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02198
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His separation code of JGH (non-retention on active duty) and his
Reentry (RE) code of 2X (First-term, second-term, or career airman
considered but not selected for reenlistment under the Selective
Reenlistment Program (SRP))be changed so that he can enlist in the
Air National Guard (ANG).
APPLICANT CONTENDS THAT:
His separation code is unjust; he was separated because he was
accused of abusing his medication subsequent to an All-Terrain
Vehicle (ATV) accident, which left him with two fractures in his
back and two fractured ribs. His doctor had prescribed the
medication to calm the pain and had signed a letter approving him
to take three pills in an eight-hour period; however, when he
presented the letter to his commander, he still continued with the
discharge action against him.
The separation and RE codes are preventing him from joining the
ANG.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 3 Aug 10, the applicant enlisted in the Regular Air Force.
On 18 Jun 13, the applicants commander non-selected him for
reenlistment and the applicant indicated his intent to appeal the
decision. However, on 24 Jun 13, he withdrew his intent to
appeal.
On 20 Sep 13, the applicant was discharged, with a reason for
separation of non-retention on active duty and 2X RE code. He was
credited with 3 years, 1 month, and 18 days of active service.
AIR FORCE EVALUATION:
AFPC/DPSOA recommends deny. DPSOA notes that AFI 36-2606,
Reenlistment in the USAF, states commanders have selective
reenlistment selection or non-selection authority. The SRP
considers the members Enlisted Performance Report (EPR) ratings,
Unfavorable Information from any substantiated source, the
airman's willingness to comply with Air Force standards and/or the
airman's ability (or lack of) to meet required training and duty
performance levels. The commander acted within his authority and
the RE code 2X is correct.
The complete DPSOA evaluation is at Exhibit C.
AFPC/DPSOR recommends denial, indicating that based on the
documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the
discretion of the discharge authority.
DPSOR notes the applicant was eligible for the Fiscal Year 2013
(FY13) DOS Rollback Program and was selected for separation. The
commander recommended the applicant receive an honorable discharge
service characterization. The base discharge authority directed
separation with an honorable discharge service characterization.
The applicant's commander indicated the applicant had been given a
Letter of Reprimand (LOR), dated 11 Jun 13 and had also been
placed on both an Unfavorable Information File (UIF) and Control
Roster (CR) for Article 92, Failure to Obey a Lawful Order. The
only remaining option for his commander was to separate the
applicant under the FY13 DOS Rollback Program.
The complete DPSOR evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 18 May 15 for review and comment within 30 days
(Exhibit E). The Board viewed the application, on 16 Jun 15;
however, as of this date, no response has been received by this
office.
THE BOARD CONCLUDES THAT:
1. The applicant has not 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 error or injustice. In this respect,
we note this Board is the highest administrative level of appeal
within the Air Force. As such, an applicant must first exhaust
all available avenues of administrative relief provided by
existing law or regulations prior to seeking relief before this
Board, as required by the governing Air Force Instruction. The
Board has reviewed your request and notes there is an available
avenue of administrative relief the applicant has not first
pursued. In this respect, we recommend the applicant; first,
submit an application to the Air Force Discharge Review Board
prior to pursuing his request through the AFBCMR. In view of
this, we find this application is not ripe for adjudication at
this level as there exists a subordinate level of appeal that has
not first been depleted. Therefore, in view of the above, we find
no basis to recommend granting the relief sought in this
application.
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-2014-02198 in Executive Session on 16 Jun 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jan 14, w/atchs.
Exhibit B. Pertinent Excerpts from Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 24 Jun 14.
Exhibit D. Letter, AFPC/DPSOR, dated 28 Apr 15, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 18 May 15.
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