RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-05003

	COUNSEL:  NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 2C (Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service) be changed to a code that will allow him to reenlist in the Air National Guard.

APPLICANT CONTENDS THAT:

He was eliminated from the Tactical Air Control Party Course in 2012 for failing the fitness test by mere seconds.  He subsequently joined the Air Force Reserve because he could not reenlist in the Regular Air Force and was denied entry into the Air National Guard because of the RE code he received.  He would like the RE code changed to one that will allow him to reenlist in the Air National Guard.  The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 26 July 2011.

On 15 February 2012, his commander notified him that he was recommending he be discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen, for unsatisfactory duty performance, specifically, failure to progress in military training.

On 29 February 2012, the applicant was honorably discharged with an RE code of 2C.  His primary specialty was Tactical Air Control Party, and he was credited with 7 months and 9 days of active service.

According to Reserve Order A-203 dated 27 April 2012, the applicant enlisted in the Air Force Reserve effective 9 March 2012, for a period of 6 years.

According to DD Form 214 dated 6 January 2013, the applicant entered active duty on 6 July 2012 and was released from active duty on 28 October 2012.  His narrative reason for separation is “Completion of Required Active Duty Training” and his RE code is 2C.  His primary specialty is Security Forces Apprentice, and he was credited with 3 months and 23 days of active service.
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 granting relief by changing the applicant’s RE code to 3K (Reserved for use by AFPC or the Air Force Board for Correction of Military Records [AFBCMR] when no other reenlistment eligibility code applies or is appropriate), which is a more favorable RE code than a 2C.  On 3 Oct 2011, HAF/A1 initiated modifying RE Code 3A (First Term Airmen who separate before completing 36 months [60 months for a 6-year enlistee] on current enlistment and who has no known disqualifying factors or ineligibility conditions except grade, skill level, and insufficient TAFMS) 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.”  A “3” series RE code affords Airmen a better chance to reenlist with an approved waiver than a “2” series RE code would allow.  The modified RE code 3A was published and incorporated into AFI 36-2606, Reenlistment in the United States Air Force, effective 29 August 2012; however it was not retroactive.

Presently, similarly situated military members would receive an RE code 3A, which is more favorable than an RE code 2C.  However, since the modified RE code 3A is not retroactive, the Board may determine that it would be in the interest of justice to recommend changing the applicant’s RE code to 3K.  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 13 October 2017 for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

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 the victim of an injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds that a preponderance of the evidence substantiates the applicant’s contentions.  Based on the totality of the evidence before us we are persuaded the applicant should be given another chance to serve.  Whether or not he is successful in his attempts to return to the military will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of service.  Therefore, the Board recommends 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 the DD Forms 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with the following periods of service, be corrected to show a Reenlistment Eligibility code of 3K (Reserved for use by AFPC or the AFBCMR when no other reenlistment eligibility code applies or is appropriate):

				26 July 2011 to 29 February 2012
				6 July 2012 to 28 October 2012

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-2016-05003 in Executive Session on 12 April 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 16 December 2016.
Exhibit B:	Documentary evidence, including excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 6 October 2017.
Exhibit D:	Notification of Advisory, AFBCMR to applicant, dated 13 October 2017.

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