RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-05025 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reentry (RE) Code “2P” which denotes “Separated under AFR 39-10 as marginal performer or to preserve good order and discipline, BMT eliminees discharged due to erroneous enlistment, concealment of civilian convictions, and so forth” be changed. APPLICANT CONTENDS THAT: He was never Absent Without Leave (AWOL) and his military record indicates that he was a “marginal performer.” The applicant’s complete submission, with attachment, is at Exhibit A. STATEMENT OF FACTS: According to the applicant’s DD Form 214, Certificate of Release or Discharge from Active Duty, on 2 Oct 80, he entered the Regular Air Force. On 2 Sep 82, the applicant was notified by his commander that he was recommending he be discharged under the provisions of AFR 39-10, Separation Upon Expiration of Term of Service, For Convenience of Government, Minority, Dependency, and Hardship, paragraph 3-8L. The specific reason for this action was the applicant failed to attain or maintain required job skill proficiency, either by associated inaptitude or non-application. On 22 Sep 82, the Staff Judge Advocate found the discharge recommendation legally sufficient. On 23 Sep 82, the separation authority approved the discharge recommendation. On 29 Sep 12, the applicant was honorably discharged with a RE code of 2P. In accordance with AFR 35-16, USAF Reenlistment and Retention Program, Volume I, Table 6-2, Item 14, dated 25 May 81, in effect when the applicant separated in 1982, RE code “2P” denoted “Separated under AFR 39-10 as marginal performer or to preserve good order and discipline, BMT eliminees discharged due to erroneous enlistment, concealment of civilian convictions, and so forth.” The AFI in use today is AFI 36-2606, Reenlistment In The United States Air Force, dated 9 May 2011. In this AFI, RE code 2P now denotes “Separated under AFR 39-10 as marginal performer or to preserve good order and discipline, BMT eliminees discharged due to erroneous enlistment, concealment of civilian convictions, and so forth.” AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. The applicant states he was never AWOL and his record was updated to reflect a marginal performer when he was discharged. We agree the applicant was discharged under the marginal performer guidance and there is nothing in his records or his DD Form 214, Certificate of Release or Discharge from Active Duty that indicates he was AWOL. The RE code “2P” did not have the meaning of AWOL at the time the applicant was discharged. The RE code “2P” is the correct RE code per the applicable guidance at that time. 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 25 Mar 15 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. 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-2014-05025 in Executive Session on 3 Sep 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Dec 14, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 20 Feb 15, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 25 Mar 15. 1 2