RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04749 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2C (involuntary separation with honorable discharge) be changed to 1M (eligible to reenlist) so that he can join the Air Force Reserve. ________________________________________________________________ APPLICANT CONTENDS THAT: He was discharged for being overweight. However, since he is now below the Air Force maximum weight standards, he would like the opportunity to return to military service and become retirement eligible. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 13 March 1992. On 17 January 1995, the applicant’s commander notified him that he was recommending his discharge from the Air Force for his continued failure in the Weight Management Program (WMP). On 18 January 1995, the applicant acknowledged receipt of the action, consulted with legal counsel, and waived his rights to submit statements in his own behalf. On 20 January 1995, the case was found legally sufficient and the discharge authority directed the applicant be furnished an honorable discharge, without probation and rehabilitation. On 27 January 1995, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Physical Standards.” He was credited with 2 years, 10 months, and 15 days of total active service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial, indicating there is no evidence of an error or injustice. The factors considered for the applicant’s RE code were his rank, time in service, and reason for separation. He was discharged for failure in the WMP, which warranted an involuntary discharge with an honorable character of service and an RE code of 2C in accordance with AFI 36-2606, Reenlistments in the USAF. While the applicant was also eligible for the 4E or 3A RE codes based on his administrative demotion or time in service, respectively, the RE code 2C takes precedence over the noted codes because only one RE code applies to a member at a time and in the following priority sequence 2- Series, 4-Series, 3-Series, and 1-Series. A complete copy of the AFPC/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 14 December 2012 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 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 an 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 our conclusion 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2012-04749 in Executive Session on 9 July 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 September 2012. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 4 December 2012. Exhibit D. Letter, SAF/MRBR, dated 14 December 2012.