RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03478
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reentry (RE) code of “2C” (Involuntarily separated with an entry level separation without characterization of service) be changed to “1.”

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APPLICANT CONTENDS THAT:

It has been nine (9) years since his separation.  He has grown and matured as a person.  The RE code does not define or properly describe the man he is today.

In support of his appeal, the applicant provides a copy of his separation document.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 Mar 98 for period of four years in the grade of airman basic.

On 15 Apr 98, the applicant was notified by his commander that she was recommending his discharge from the Air Force for misconduct because of his commission of a serious offense.  The reason for this action was that having knowledge of a lawful order issued by a commissioned officer for him to return to training, on 7 Apr 98, he failed to obey by refusing to return to training.  For this offense, he received nonjudicial punishment under Article 15 resulting in forfeiture of $199.00 in pay.  The applicant was advised of his rights in the matter and that an entry level separation would be recommended.  He waived his right to consult counsel and submit statements in his own behalf. 

On 20 Apr 98, the applicant was separated under the provisions of AFI 36-3208 (Misconduct) with an entry level separation and assigned an RE code of 2C.  He was credited with one (1) month and 10 days of active service.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating the applicant’s RE code is correct.  There is no error or injustice.  RE codes in the “1” series are for those members eligible for immediate reenlistment and eligible for prior service enlistment.  The applicant did not complete his first term of enlistment, but was involuntarily separated for misconduct.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 1 Feb 08 for review and response within 30 days.  As of this date, no response has been received by this office (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 note the Secretary of the Air Force has statutory authority to promulgate rules and regulations governing the administration of the Air Force.  In the exercise of that authority, the Secretary has determined that members separated from the Air Force would be furnished an RE code predicated upon the quality of their service and circumstances of their separation.  The evidence of record indicates the applicant was given an entry level separation for misconduct.  As a result, he was assigned an RE code of 2C.  It appears the applicant’s RE code was appropriately assigned and accurately reflected the circumstances of his separation, and, we find no evidence to indicate the assigned RE code was in error.  In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to recommend favorable action on the applicant’s request that his RE code of 2C be changed.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of 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 Docket Number BC-2007-03478 in Executive Session on 4 Mar 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Oct 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, dated 10 Dec 07.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Feb 08.