RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01729
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  4 DECEMBER 2008

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2C be changed to a code that would allow him to reenter military service.

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APPLICANT CONTENDS THAT:

He was told he could reenlist with his current RE code; however, his recruiter told him the code needed to be changed.

In support of the application, the applicant submits copies of his DD 214.  The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 Jan 02 in the grade of airman basic.  He was promoted to the grade of airman first class effective and with a date of rank of 30 May 03.  

The applicant was referred to the mental health clinic where he was seen and evaluated by a staff psychiatrist.  The applicant was diagnosed with a major depressive disorder and dependant personality disorder and considered not fit for continued military service.

On 24 Nov 03, the applicant was notified by his commander of her intent to recommend that he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208.  The reason for her actions was based on the staff psychiatrist's diagnosis that the applicant's personality disorder was so severe his ability to function in a military environment was significantly impaired.  The applicant acknowledged receipt of the notification and waived his right to consult counsel or submit statements in his own behalf.  The commander thereafter initiated a recommendation for the applicant’s separation.  

In a legal review of the case file, the staff judge advocate found the case legally sufficient and recommended that he be discharged.  On 4 Dec 03, the discharge authority concurred with the recommendations and directed that he be discharged with an honorable discharge, without probation and rehabilitation.  Applicant was discharged on 17 Jan 04.  He served 1 year, 11 months and 19 days on active duty.  An RE code of 2C (involuntarily separated with an honorable discharge) was applied.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states that based on the documentation on file in the applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  Additionally, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he provided no facts warranting a change to his RE code.

The complete DPPRS evaluation is at Exhibit C.

HQ AFPC/DPPAE recommends denial.  DPPAE states they found no evidence of error or injustice; nor did the applicant submit any evidence of such.

The complete DPPAE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Jul 07 for review and comment within 30 days.  As of this date, this office has received no response (Exhibit D).

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of 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 recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered AFBCMR BC-2007-01729 in Executive Session on 29 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 8 Jun 07.
    Exhibit D.  Letter, HQ AFPC/DPPAE, dated 22 Jun 07
    Exhibit E.  Letter, SAF/MRBR, dated 13 Jul 07.