RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04174

	COUNSEL: NONE
	
  	HEARING: NO

APPLICANT REQUESTS THAT:

His Reentry (RE) code “2X” for denial of reenlistment be changed to “1A” to permit reenlistment in the Air National Guard.   

APPLICANT CONTENDS THAT:

He served 5 years.  His grade at the time of discharge was staff sergeant (SSgt) and he received numerous awards.   He was charged with an off-base driving under the influence (DUI) offense and received a letter of reprimand (LOR).  He was advised by his commander he would be placed on the force shaping list for early separation and he was separated two months later.

He was contacted by the Oregon National Guard for potential employment in their Oregon Youth Challenge Program; however, he would require a change to his RE code.  He is a changed person and would like the opportunity to share his experience with teenagers.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force SSgt.

He received a referral enlisted performance report (EPR) for the period ending 26 Jan 13 for failure to meet Air Force standards for an off-base alcohol related incident.  

AF Form 418, Selective Reenlistment Program (SRP) Consideration for Airmen in The Regular Air Force/Air Force Reserve, dated 11 Mar 13 shows he was not selected for reenlistment as a result of his civilian conviction for DUI.  

On 31 May 13, he was honorably discharged with RE code “2X” and narrative reason for separation of “Non-retention on active duty.”

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.  AFI 36-2606, Reenlistment in the USAF, states commanders have selective reenlistment selection or non-selection authority.  The applicant was not selected for reenlistment and was given a non-eligible RE code due to his own actions as stated per his AF Form 418.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 21 Sep 17 for comment (Exhibit D), but has received no response.  

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed; however, it is in the interest of justice to excuse the delay.  

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-04174 in Executive Session on 22 May 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following in Docket Number BC-2016-04174:

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Oct 16.  
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 13 Jan 17.  
Exhibit D:	Notification of advisory to applicant, dated 21 Sep 17.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.