RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02165

			COUNSEL:  NONE

			HEARING DESIRED:  NO 


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APPLICANT REQUESTS THAT:

His Reentry (RE) code of 2X (First-term, second-term or career 
airman considered but not selected for reenlistment under the 
Selective Re-enlistment Program (SRP)) be changed.

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APPLICANT CONTENDS THAT:

He was separated with a honorable discharge due to force 
management and should be eligible to reenlist.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 23 Jul 02.

On 16 Jun 10, the applicant’s supervisor non-recommended him for 
reenlistment and, on the same day, the applicant’s commander 
non-selected him for reenlistment.  In doing so, the commander 
indicated the applicant displayed a continual pattern of conduct 
that falls short of the Air Force Core Values, noting that he 
was involved in a domestic dispute with his wife that required 
police response, lying to his wife about being on a temporary 
duty assignment, for which he received a Letter of Counseling 
from a previous commander, and was 60 days delinquent in the 
payment of his government travel card.

On 24 Jun 10, the applicant acknowledged receipt and elected not 
to appeal the commander’s decision.

On 31 Aug 10, the applicant was furnished an honorable discharge 
and was credited with eight years, one month, and eight days of 
total active service.

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit C.    

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial, indicating the applicant has not 
provided any proof of an error or injustice in reference to his 
RE code.  His non-selection for re-enlistment was carried out in 
accordance with AFI 36-2606, Reenlistment in the USAF, which 
indicates that commanders have selective reenlistment or non-
selection authority.  The applicant was discharged under the 
FY10 Air Force Shaping Rollback Program.  The applicant was in 
his reenlistment window but was denied reenlistment, which 
required him to separate under the rollback guidance.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that when he was informed that he was going 
to be separated under the FY10 Force Shaping Rollback Program, 
he contacted the Area Defense Counsel (ADC) and was informed 
that he was unable to appeal the process because he had 
previously been placed on a control roster.  They informed him 
that he would get an honorable discharge and could later join 
the Guard or Reserve if he wanted to do so.  When he received 
his DD Form 214, Certificate of Release or Discharge from Active 
Duty, he saw the RE code but did not know that it would preclude 
him from future service.

In Apr 13, he applied for an Air National Guard (ANG) position, 
but was informed that his RE code rendered him ineligible to 
enlist.  His time in the Air Force was rewarding and honorable 
and he should be allowed to continue to progress in his career 
as a member of the Air Force (Exhibit E).

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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 an error or injustice.  We took 
notice of the applicant’s complete submission, including his 
rebuttal response, in judging the merits of the case; however, 
we agree with the opinion and recommendation of the Air Force 
office of primary responsibility (OPR) and adopt its rationale 
as the basis for our conclusion the applicant has not been the 
victim of an error of injustice.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief.

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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.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-02165 in Executive Session on 4 Feb 14, under the 
provisions of AFI 36-2603:

	                  , Panel Chair
	                  , Member
	                  , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 29 Apr 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSOA, dated 6 Jun 13.
	Exhibit D.  Letter, SAF/MRBR, dated 21 Jun 13.
	Exhibit E.  Letter, Applicant, dated 18 Jul 13.




                                   
                                   Panel Chair