RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02629

	XXXXXXXX	COUNSEL:  NONE

			HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His reentry (RE) code of “2C” (Entry level separation without characterization of service) be changed to a “1” RE code series that would allow him to reenlist.


APPLICANT CONTENDS THAT:

The current code is unjust as it does not allow for him to enlist into another branch of service.  He successfully completed basic training with the Air Force, but had some challenges with the training for his selected career field.  This type of insignificant issue should not preclude him from enlisting into another branch of our Armed Forces to serve his country.
 
The Board should find it in the interest of justice to consider his untimely application because the unjust coding was recently discovered by a military recruiter during his attempt to enlist in another branch of service.  

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant enlisted in the Air Force Reserve on 4 May 2010.

On 20 Aug 10, the applicant was notified of his recommended discharge by his commander “for entry level performance or conduct, specifically, failure to make satisfactory progress in a required training program.”  The reasons for his actions were due to the applicant failing to receive a minimum passing score of 70 percent on his technical school tests on four different occasions.

On 26 Aug 10, the applicant was discharged in the grade of Airman under the provisions of AFI 36-3208 (Entry Level Performance and Conduct).  He served 3 months and 23 days on active duty.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C and D.


AIR FORCE EVALUATION:

Examiner’s Note:  The following is based on the updated advisory, dated 6 Nov 14 that was provided to the applicant, after he responded to their initial advisory, dated 28 Jul 14.

AFPC/DPSOA recommends granting partial-relief.  They do not support the applicant’s RE code being changed to a “1” series RE code, due to the nature of his discharge.  However, HAF/A1P is postured to reevaluate those Airmen who were affected by entry level separation for failing academically between fiscal years 2010 through 2013 by providing administrative relief via RE code change from “2C” to “3K.”

In detail, DPSOA states that the applicant requested a “l” series RE code; however, he only served 3 months and 23 days on active duty, therefore an entry level separation with an uncharacterized character of service is in accordance with AFI 36-3208, Administrative Separation of Airmen.  Additionally, AFI 36-2606, Reenlistment in the USAF, chapter 3, states not to separate members in the RE code “1” series except for “1J”--"Eligible to reenlist, but elects separation.”  In this respect, the applicant cannot be awarded a RE code “lJ” as his commander recommended him for separation, which is in line with being denied reenlistment by his commander under the Selective Reenlistment Program (SRP). 

DPSOA further states that, on 29 Aug 2012, a modification of RE code “3A” was published to AFI 36-2606.  This modification included first term airman involuntarily separated (entry-level) for inability to satisfactorily progress in a required training program without characterization of service and thus afforded these airmen a second chance to enlist.

In this regard, the option to issue a code “3K” has also been made available for use by AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate.  Since the modified RE code “3A” is not retroactive, the RE code “3K” is more appropriate, which is less restrictive than the “2” series RE codes.  While not automatic, all branches of the military may waive “3” series RE codes when they otherwise want to enlist a prior service airman.  Although it did not initially pertain to the applicant's situation because RE code “2C” applied, if he had separated today he would have been discharged with RE code “3A.”  Therefore DPSOA recommends the applicant’s RE code be changed from “2C” to “3K” to provide some relief.  

A complete copy of the updated AFPC/DPSOA evaluation, dated 
6 Nov 14 is at Exhibit C.

A complete copy of the initial AFPC/DPSOA evaluation, dated 
28 Jul 14 is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the initial Air Force evaluation, was forwarded to the applicant on 4 Oct 14 for review and comment within 30 days (Exhibit E)

In response to the initial Air Force evaluation, the applicant submits a personal letter to the board indicating the reasons his RE code should be changed from a “2C” to a “1.”  

The applicant’s complete response to the Air Force evaluation is at Exhibit F. 

A copy of the updated Air Force evaluation, was forwarded to the applicant on 24 Nov 14 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit G).


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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected to the extent indicated below as recommended by the Air Force OPR.	


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his RE code be changed from a “2C” series to a “3K.”


The following members of the Board considered AFBCMR Docket Number BC-2014-02629 in Executive Session on 29 Jan 15, under the provisions of AFI 36-2603:

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All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02629 was considered:

Exhibit A.  DD Form 149, dated 26 Jun 14.
Exhibit B.  Master Personnel Records
Exhibit C.  Letter, AFPC/DPSOA, dated 6 Nov 14.
Exhibit D.  Letter, AFPC/DPSOA, dated 28 Jul 14.
Exhibit E.  Letter, SAF/MRBR, dated 4 Oct 14.
Exhibit F.  Applicant’s Rebuttal, dated 10 Oct 14.
Exhibit G.  Letter, SAF/MRBR, dated 24 Nov 14.