RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02964 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code “2C” “Approved Honorable Involuntary Separation or Entry Level Separation” be changed to “1J” Eligible to Reenlist-Elected Separation or Discharge. ________________________________________________________________ APPLICANT CONTENDS THAT: He wishes to continue serving his country in the Air Force Reserves component. His discharge code of 2C bars him from reenlistment into any component of the US Air Force. As a veteran with an honorable discharge who served and upheld the Air Force Core Values while on active duty, possessing a reenlistment code that bars future service is an unjust condition. In support of his request, the applicant submits a personal statement dated 7 July 2010, a copy of the Air Force Central Adjudication Facility (AFCAF) Denial of Eligibility for Access to Classified Information and other associated documents. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 08 December 2009. His commander notified him on 2 May 2011, he was recommending him for discharge from the Air Force for Erroneous Enlistment. The commander cited the discovery during an investigation by the AFCAF that the applicant failed to report his delinquent debt when he completed the Standard Form (SF) 86, Questionnaire for National Security Position, on 4 August 2009, as part of his request for entry into the Air Force. Specifically, the applicant answered “no” to questions 26(M) and (n). During the security clearance investigation it was discovered that the applicant had approximately $20,806.00 in delinquent debt, which was contrary to his answers provided on his SF86. The applicant acknowledged receipt of the notification of discharge and was advised of his right to consult counsel and submit statements on his behalf: he consulted with counsel and submitted a written statement expressing his desire to be retained in the Air Force. The base legal office reviewed the case and found it legally sufficient to support separation. On 10 May 2011 the discharge authority approved the separation and directed the applicant be discharged with an honorable character of service, without probation and rehabilitation. The applicant was released from active duty on 18 May 2011 by reason of “Erroneous Entry (Other)” with a Separation Code of “JFC” and a Reenlistment Eligibility (RE) code of “2C.” He was credited with serving 1 year, 5 months, and 11 days of active duty service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states airmen are subject to discharge for erroneous enlistment if: 1) It would not have occurred had the relevant facts been known by the Air Force and the eligibility criteria of AFI 36-2002 had been followed; 2) It was not the result of fraudulent conduct on the part of the member; and 3) The defect is unchanged in any material respect. The applicant did not provide any evidence of an error or injustice to warrant the requested change to his reenlistment eligibility code. Based on the documentation on file in his master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge manual and was within the discretion of the discharge authority. The complete AFPC/DPSOS evaluation is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA states the applicants RE Code 2C is required per AFI 36-2606, Reenlistments in the United States Air Force, chapter 3, based on his involuntary discharge with honorable character of service. The applicant does not provide any proof of an error or injustice in reference to his RE code. The complete AFPC/DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 December 2011 for review and comment within 30 days. As of this date, this office has received no response. ________________________________________________________________ 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 offices of primary responsibility and adopt their rationale as the basis for our 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. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered this application BC-2011-02964 in Executive Session on 6 March 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149 w/atchs dated 8 July 2011. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 4 October 2011. Exhibit D. Letter, AFPC/DPSOA, dated 29 November 2011 Exhibit E. Letter, SAF/MRBR, dated 9 December 2011