RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2016-01565 

XXXXXXXXXX (MEMBER)			COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His reentry (RE) code 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to a 1A (Ineligible to reenlist, but condition waived), 3, or any code allowing reentry in the Air Force into special operations.  

APPLICANT CONTENDS THAT:

His discharge reentry code did not take into consideration how much training he had completed during his time through the Indoctrination Course before being injured.  The RE code “2C” typically is not a code to be given to someone who made it past extended training day.  

He was given a medical setback due to a tibial stress fracture and failed the physical training evaluation with approximately two weeks remaining in the course.  After about three months of medical hold, he was immediately put back into the pararescue program with little conditioning.  He consequently self-eliminated four weeks into the Pararescue Indoctrination Course.  Had he received time to train and gain back his fitness, he would not have quit the course.  He was not given the opportunity to re-class into a different Air Force specialty which is normally the policy for those who enter the Battlefield Airman and Combat Support specialties who make it through at least 5 days of training.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 22 June 2010.  

On 28 February 2011, the applicant chose to self-eliminate from the Pararescue Indoctrination Course because he did not feel he was physically ready for the water confidence portion of testing.  

On 2 March 2011, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsatisfactory duty performance due to his failure to progress in military training.  Specifically, he did not complete the underwater confidence training during the Pararescue Indoctrination Course.  

On 3 March 2011, the applicant acknowledged receipt of the action, consulted with legal counsel, and submitted a statement in his own behalf.  

On 8 March 2011, the case was found legally sufficient.  

On 9 March 2011, the discharge authority directed the applicant be furnished an honorable discharge without probation and rehabilitation based on his refusal to accept reclassification.  

On 10 March 2011, the applicant was furnished an honorable discharge with a narrative reason for separation of “Unsatisfactory Performance,” and was issued a Reentry (RE) Code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) and separation code of JHJ (Army, USMC, USAF Unsuitability (Reason Unknown)/Unsatisfactory performance).  He was credited with 8 months and 19 days.  

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

AIR FORCE EVALUATION:

AFPC/DP3ST recommends approval of granting the applicant a RE code of “3K”.  A RE code of “3K” can be used as a similar RE code, for reentry purposes, as used for those airmen that are currently being discharged with the same situation as the applicant.  

On 3 October 2011, HAF/A1 initiated the modification of RE code “3A” to include “First-term Airman involuntarily separated (entry level) for the 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 better chance to enlist, with an approved waiver from the enlisting service component.  

On 29 August 2012, the modified RE code “3A” was published in the Incorporated Change 1 to Air Force Instruction 36-2606, Reenlistment in the USAF, making the new RE code “3A” available from that point forward, but was not retroactive.  

The applicant requested a RE code “1A” or “3#”; however, the “1A” does not apply to the applicant and the new modification of the “3A” did not exist at the time of the applicant’s separation.  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.  If the applicant had separated after 29 August 2012, he would have been discharged with RE code “3A”.  However, since the modified RE code 3A is not retroactive, the Board may determine the RE code 3K is more appropriate.  Also, it may be more appropriate since Airmen currently being discharged for the same reason as the applicant receives a “3A” RE code after 29 August 2012 and it is less restrictive than the 2# RE codes, when requesting waivers for reentry.  Although not automatic, all branches of the military may waive a 3# RE code (issued by the Air Force) when they otherwise want to enlist a prior service Airman.

A complete copy of the AFPC/DP3ST 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 2 February 2017 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.  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.  While it is the applicant’s desire to be eligible for re-entry into the Air Force, the applicant should be aware that our recommendation to correct his record in no way implies that he will be allowed to return to any branch of service.  The suggested correction will allow the applicant the opportunity to seek enlistment in the service with a waiver, based on the needs of the service and provided he is otherwise qualified.  Therefore, we recommend the applicant's records be corrected as indicated below.	

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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 10 March 2011, he was separated with a reentry (RE) code of “3K” rather than “2C”.  

The following members of the Board considered AFBCMR Docket Number BC-2016-01565 in Executive Session on 6 July 2017 under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 April 2016, w/atch.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3ST, dated 14 July 2016.
	Exhibit D.  Letter, AFBCMR, dated 2 February 2017.