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AF | BCMR | CY2014 | BC 2014 02721
Original file (BC 2014 02721.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02721
	NICHOLAS R. FERRELL	COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry (RE) code of “2C” (Involuntarily separated with an 
honorable discharge; or entry level separation without 
characterization of service) be changed to “3A” (First-term 
Airman [involuntarily separated] (entry-level) for inability to 
satisfactorily progress in a required training program without 
characterization of service; or a first-term Airman 
[involuntarily separated].

________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 reflects RE Code 2C and should be 3A.

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

________________________________________________________________

STATEMENT OF FACTS:

According to the applicant’s DD Form 214, Certificate of Release 
or Discharge from Active Duty, on 11 Jun 13, he enlisted in the 
Regular Air Force.

On 3 Jun 14, the applicant was notified by his commander of his 
intent to recommend his discharge from the Air Force for 
unsatisfactory performance, specifically, failure to perform 
assigned duties properly.  The reason for the action was the 
applicant was removed from the Tactical Air Control Party (TACP) 
Apprentice Course for medical reasons but refused to reclassify 
into another career field.

On 3 Jun 14, the applicant acknowledged receipt of the action, 
consulted counsel and submitted statements in his behalf.

On 12 Jun 14, the case was found to be legally sufficient and on 
13 Jun 14, the discharge authority approved the commander’s 
recommendation, directing the applicant’s administrative 
discharge without probation and rehabilitation.


On 19 Jun 14, the applicant was honorably discharged, with a 
narrative reason for separation of “Unsatisfactory Performance,” 
and with a RE code of 2C.  He was credited with one year and 
nine days of total active service.

On 19 Jun 14, a subsequent DD Form 214 was issued and 
incorrectly reflected RE code 3A.  The DD Form 214 submitted 
with the applicant’s request has RE code 2C.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial, indicating the applicant did not 
provide any proof of an injustice or error in reference to his 
RE code 2C.  RE code 3A is only updated in place of RE code 2C 
for members who are discharged for an inability to 
satisfactorily progress in a required training program.  On 
29 Aug 12, the Air Staff added the meaning of the RE code 3A to 
be awarded to Airmen who were still in their initial technical 
school that fail out and are separated due to an inability to 
satisfactorily progress in a required training program.  
However, the guidance was written specifically not to include 
members who self-eliminate from training or any other discharge 
reason.  The discharge authority complied with the applicant’s 
request for a RE code 3A; however, he had no authority to do so.  
The circumstances and service dates dictate the appropriate RE 
code for members being involuntarily discharged.  There are no 
decisions to be made as only one RE code will have priority in 
each case.  According to AFI 36-2606, Reenlistment in the USAF, 
paragraph 5.20.1, RE codes are updated according to the 
following hierarchy: 2#, 4#, 3#, and 1#.  Although the 
applicant’s copy of his DD Form 214 has RE code 2C, the DD Form 
214 in his records with RE code 3A is his official DD Form 214 
since it was issued last.  AFPC/DPSOY will provide the applicant 
a corrected copy of his DD Form 214 with RE code 2C, unless 
otherwise directed by the Board.

The complete DPSOA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 2 Feb 15 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________




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 to warrant 
changing the applicant’s RE code as requested.  In this respect, 
it appears the applicant’s initial DD Form 214 was correctly 
prepared with a RE code of “2C.” According to the Office of 
Primary Responsibility (OPR), the applicant requested that it be 
changed to RE code 3A and the discharge authority approved his 
request; however, lacked the authority to do so.  Subsequently, 
he was issued another DD Form 214 with RE Code “3A” and since it 
was issued last, it is now considered the applicant’s official 
DD Form 214.  Although the applicant’s records currently reflect 
the relief he is seeking, we do not believe it accurately 
describes the circumstances surround his separation.  Therefore, 
we believe the relief recommended below, provides the applicant 
full and fitting relief.  Accordingly, we find no basis to 
recommend granting the requested relief.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an error 
warranting partial relief.  Even though the applicant has 
provided no evidence to show that his separation was improper or 
not in compliance with the appropriate regulations, it appears 
his RE Code was recorded in error.  While the applicant requests 
his RE code be changed to “3A,” as noted above, his records 
already reflects a RE code of “3A” yet it does not accurately 
describe the circumstances surrounding his separation.  While 
the Air Force OPR recommends changing his RE code from “3A” to 
“2C,” given that RE codes are updated according to hierarchy, 
changing his record in this manner would be detrimental to the 
applicant.  Therefore, we recommend correcting the applicant’s 
records to reflect the more favorable RE code of “3K” which 
denotes “Secretarial Authority.”  Accordingly, we recommend his 
records be corrected to the extent indicated below.  

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 19 Jun 
14, he was discharged with a reentry code of 3K (Secretarial 
Authority).

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2014-02721 in Executive Session on 17 Mar 15, under 
the provisions of AFI 36-2603:

	                       , Panel Chair
	                     , Member
	                  , Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 12 Jul 14, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOA, dated 8 Oct 14.
	Exhibit D.  Letter, SAF/MRBR, dated 2 Feb 15.


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