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Decision Text

AF | BCMR | CY2014 | BC 2014 02718
Original file (BC 2014 02718.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02718

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Reentry (RE) code be changed from “2C” to a code that would 
allow him to join the Air National Guard (ANG).


APPLICANT CONTENDS THAT:

The reason for his separation no longer exists and he would like 
to be granted the opportunity to fulfill his commitment to his 
country.

He received an Entry Level Separation on 17 Jan 14 while still 
in Technical Training.  The reason for his separation was that 
his Uncle, for whom he was very close to, was fighting cancer 
and was due to have surgery.  His Uncle was not expected to make 
it through surgery and he would not have another opportunity to 
say goodbye.  He requested emergency leave; however, it was 
denied.  Being upset, he looked for a counselor on base that he 
could talk to about his options.

At the Trainee Health Clinic, after a long discussion, his 
counselor asked if he wanted to separate so that he could be 
back with his Uncle.  He said “yes” and the counselor wrote a 
letter of recommendation to his commander, recommending him for 
separation.  His commander approved his separation and he began 
out-processing. In a rush to get home, he signed all of his 
paperwork without really reading the fact that it stated “for 
medical reasons”.  This fact was never discussed.  Within the 
separation packet he received on the day he separated, it said 
“from mental health clinic” which is false.  He was never seen 
or requested to be seen by mental health.  Mental health is a 
separate department from Trainee Health.  He believes the 
separation should have been characterized as “Hardship”.

Looking back, he does not regret his decision, but does feel the 
loss of an excellent opportunity. 

In support of his request, the applicant provided a personal 
letter detailing his situation, copies of his Technical Training 
Records and a copy of his Air Force Junior Reserve Officers 
Training Corps (AF JROTC) Certificate.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 6 Aug 
13.

On 7 Jan 14, the Mental Health Clinic diagnosed the applicant 
with an Adjustment Disorder with Mixed Anxiety and Depressed 
Mood.  They stated that this condition is of such severity that 
it significantly impairs the applicant’s ability to function 
effectively in a military environment. 

On 10 Jan 14, the applicant was notified by his commander he was 
being recommended for an entry level separation based on a 
mental disorder in accordance with AFI 36-3208, Administrative 
Separation of Airmen, Chapter 5, paragraph 5.11.9.3.

On 14 Jan 14, the applicant consulted legal counsel and waived 
his right to submit statements on his behalf.

On 15 Jan 14, the Staff Judge Advocate reviewed the discharge 
case and found it legally sufficient.

On 16 Jan 14, the discharge authority approved the applicant for 
an entry level separation and determined that probation and 
rehabilitation was not appropriate in this case.

On 17 Jan 14, the applicant was furnished an Uncharacterized 
discharge, and was credited with 5 months and 12 days of active 
service.   

The applicant’s DD Form 214 reflects a RE code of “2C”.

The remaining relevant facts pertaining to this application are 
contained in the memorandums prepared by the Air Force offices 
of primary responsibility (OPR), which are attached at Exhibits 
C and D.    


AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating there is no evidence of 
an error or an injustice.  

The RE code “2C” is required based on the entry level separation 
with an Uncharacterized character of service and the applicant 
does not provide any evidence of an error or injustice in 
reference to his RE code, but wants to reenter the military.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.

HQ AETC/SGPS recommends denial indicating there is no evidence 
of an error or an injustice.  

Based on the documentation on file in the applicant’s records, 
they find the separation was done in accordance with established 
policy and administrative procedures.

A complete copy of the HQ AETC/SGPS evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 14 Nov 14 for review and comment within 30 days 
(Exhibit E).  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 timely filed.

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 opinion and 
recommendations of the Air Force offices of primary 
responsibility (OPR) and adopt their rationale as the basis for 
our conclusion the applicant has not been the victim of an error 
of injustice.  Therefore, in the absence of evidence to the 
contrary, we find no basis to recommend granting the requested 
relief.


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-2014-02718 in Executive Session on 5 May 15 under the 
provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence pertaining AFBCMR Docket 
Number BC-2014-02718 was considered:

	Exhibit A.  DD Form 149, dated 30 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOA, dated 30 Jul 14.
	Exhibit D.  Memorandum, HQ AETC/SGPS, dated 27 Aug 14
	Exhibit E.  Letter, SAF/MRBR, dated 14 Nov 14.

						





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