RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03458 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Re-entry (RE) Code of 2C (Approved Honorable Involuntary Separation or Entry Level Separation) be changed to 3A, (1st Term Airman Who Separates Prior to Completion of 36 Months (60MO-6YR ENL) on Current-Enlistment), be changed to 3A. ________________________________________________________________ APPLICANT CONTENDS THAT: He was not counseled about his deficiencies and given a chance to overcome them as required per paragraph 2.25.2., of AFI 36- 3208, Administrative Separation of Airmen. He is trying to join the U.S. Army and was told they would not consider him with a 2C re-entry code and would not grant a waiver The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to copies of documents extracted from the Automated Records Management System (ARMS), the applicant is a former member of the Regular Air Force who enlisted on 23 March 2004. According to his AETC Form 125A, Record of Administrative Training Action, the applicant self-eliminated from the Combat Control Training (CCT) pipeline course, in September 2004, when he received a Letter of Reprimand (LOR) regarding an underage drinking incident while attending Survival School. The commander recommended elimination from CCT and separation from the Air Force. The applicant was released from active duty effective 17 November 2004, with an honorable characterization of service, a separation code of JHJ and a narrative reason for separation of “unsatisfactory performance.” He was credited with completing 7 months and 25 days of active duty service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. DPSOR states the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing. There was insufficient evidence within the applicant’s military personnel record to confirm the circumstances and facts surrounding his discharge. Absent the documentation, there is a presumption of regularity in which the applicant was afforded due process and the discharge was consistent with procedural and substantive requirements of the discharge regulation. The applicant has not filed a timely petition. It has been over 7 years since the applicant’s discharge from the Air Force. The applicant’s discharge was based on his unsatisfactory progress in training based upon his self-elimination from technical training school. The applicant was given ample opportunity to improve his academic performance and counseled on several occasions regarding his academic deficiencies. The complete AFPC/DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA states the applicant’s RE code 2C is required per AFI 36-2606, Reenlistments in the USAF, 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 and per AFPC/DPSOR there is insufficient evidence in the applicant’s record to confirm the circumstances and facts surrounding his discharge. 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 14 December 2012 for review and comment within 30 days. To date, a response has not been received. ________________________________________________________________ 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 note there was insufficient evidence within the applicant’s military personnel record to confirm the circumstances and facts surrounding his discharge. Absent the documentation, there is a presumption of regularity on the part of the government in which the applicant was afforded due process and the discharge was consistent with procedural and substantive requirements of the discharge regulation. The applicant has provided no evidence, which would lead us to believe his discharge was contrary to the provisions of the governing regulation. We agree with the opinions and recommendations of the Air Force offices of primary responsibility that the RE code which was assigned at the time of his separation accurately reflects the circumstances of his separation; evidence has not been provided that would lead us to believe otherwise. Therefore, in the absence of evidence to the contrary, we find no compelling 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 in Executive Session on 16 April 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2012-03458: Exhibit A. DD Form 149 dated 30 July 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 22 October 2012. Exhibit D. Letter, AFPC/DPSOA, dated 29 November 2012. Exhibit E. Letter, SAF/MRBR, dated 14 December 2012. AFBCMR 1500 West Perimeter Road, Suite 3700 Joint Base Andrews NAF Washington, MD 20762 Dear: Reference your application submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2012-03458. After careful consideration of your application and military records, the Board determined that the evidence you presented did not demonstrate the existence of material error or injustice. Accordingly, the Board denied your application. You have the right to submit newly discovered relevant evidence for consideration by the Board. In the absence of such additional evidence, a further review of your application is not possible. Attachment: Record of Board Proceedings