RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2015-01664 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed from 2C to 3A.

APPLICANT CONTENDS THAT:
His RE code is prohibiting him from entering the Navy Reserve. He was recommended for discharge based solely on academic reasons during technical training. He contends 2C is for people with disciplinary issues or drug use. According to his research, he believes the most appropriate and applicable RE code is 3A. 2C bars people from reenty, whereas 3A does not.

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

STATEMENT OF FACTS:
On 27 Apr 10, the applicant entered the Regular Air Force.
On 24 May 11, the applicant’s commander notified him of pending discharge actions: the basis for this action was failure to progress in training. The applicant was disenrolled from his technical training course without recommendation for reclassification. The applicant acknowledged receipt of notification the same day.

On 1 Jun 11, the applicant’s commander recommended him for discharge for unsatisfactory performance, IAW AFI 36-3208, Administrative Separation Of Airmen, specifically failure to progress in military training required to be qualified for service with the Air Force for performance of primary duties.

ON 6 Jun 11, the discharge was found legally sufficient.
Ob 8 Jun 11, the discharge authority approved the discharge.

On 14 Jun 11, the applicant was furnished an honorable discharge, with a narrative reason for discharge of “termination of initial active duty training,” with an RE code of “2C,” and was credited with 1 year, 1 month, and 18 days of active service.

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C.

AIR FORCE EVALUATION:
AFPC/DPSOA recommends granting partial relief, indicating there is evidence of an error or injustice. The applicant does not provide any proof of an error in reference to his RE code; however, there is a concern with fairness and equity when reviewing applicant’s circumstances.

On 8 Jun 11, the [discharge authority] directed the applicant be discharged for Unsatisfactory Performance, specifically, failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties with an honorable separation. He received a RE code of 2C-- “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service.”

On 3 Oct 11, AF/A1 initiated the modification of RE Code 3A to include “First term Airman "involuntarily separated" (entry-level) for inability to satisfactorily progress in a required training program without characterization of service; or a first-term Airman "involuntarily separated" for failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties.” This change afforded these Airmen a second chance to enlist, with an approved waiver from the enlisting service component.

On 29 Aug 12, the modified RE code 3A was published in the Incorporated Change 1 to AFI 36-2606, Reenlistment in the USAF, making the RE code 3A available from that point forward and was not retroactive.

The applicant requested a RE code 3A; however, the new modification of the 3A did not exist when applicant was separated. As an option, RE code 3K--“Reserved for use by AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate” did exist; however, it did not pertain to the applicant’s situation because RE code 2C applied. However, if the applicant had separated after 29 Aug 2012 he would have been discharged with RE code 3A. Since the modified RE code 3A is not retroactive, the Board may determine the RE code 3K is more appropriate and just, since Airmen being discharged for the same reasons as the applicant after 29 Aug 12 received a 3A RE code which is less restrictive than the “2” series RE codes when

requesting waivers. Although not automatic, all branches of the military may waive “3” series RE codes when they otherwise want to enlist a prior service Airman.

It is recommended to grant partial relief of applicant’s request. Although this advisory does not support the applicant’s RE code being changed to a 3A, it is recommended the applicant’s RE code be changed to 3K to provide some relief.

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 9 Jul 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 timely filed.
3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief. We took notice of the applicant's complete submission in judging the merits of the case and 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 been the victim of an error or injustice. Specifically, the Board determined the RE code 3K is appropriate, since the applicant was discharged for the same circumstances warranting an RE code of 3A, had the applicant been separated just four months later, and had no evidence in his record that would preclude him from seeking a second chance at a different military career. However, the Board would like to note a “3” series RE code provides the applicant no guarantee of future enlistment in any branch of the military. Therefore, we recommend the applicant's records be corrected as indicated below.

THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating	to	the	APPLICANT	be	corrected	to	show	that	on
14 June 2011, he was separated with an RE code of 3K.

The following members of the Board considered AFBCMR Docket Number BC-2015-01664 in Executive Session on 17 Dec 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The following documentary was considered:

Exhibit A.	DD Form 149, dated 15 Apr 15, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSOA, dated 11 May 15. Exhibit D.	Letter, SAF/MRBR, dated 9 Jul 15.