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AF | BCMR | CY2014 | BC 2014 02198
Original file (BC 2014 02198.txt) Auto-classification: Denied
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 applicant’s 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 applicant’s 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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