RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02471 INDEX CODE: 112.10 XXXXXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code of 2C (involuntary separation with honorable discharge) and separation program designator (SPD) code of JGA, (entry level performance), be changed to enable him to renter the Air Force. ________________________________________________________________ _ APPLICANT CONTENDS THAT: His discharge 15 years ago occurred because of academic failure. He believes it is an injustice to deny him reentry into the Air Force over failure of a test so long ago. He is now wiser, educated, and anxious to follow through with his military obligation. In support of his appeal, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 14 April 1992, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four years. He was promoted to the grade of airman first class with an effective date of promotion of 14 April 1992. Following his completion of basic military training, the applicant was enrolled in the Apprentice Security Specialist Course. On 22 July 1992, his squadron section commander recommended the applicant be disenrolled from training and discharged at the earliest possible time due to a three time test failure, poor academic performance, and attitude. It was recommended the applicant not be reinstated into the same course at a later date nor considered for further technical training. On 13 August 1992, his commander notified the applicant of his intent to recommend the applicant for discharge due to unsatisfactory entry level performance or conduct. The applicant acknowledged receipt and waived his rights to consult counsel or submit statements in his own behalf. On 14 August 1992, the base legal office found the case to be legally sufficient. On 17 August 1992, the discharge authority approved the applicant’s separation and directed he be discharged with an uncharacterized entry level separation. On 18 August 1992, the applicant was discharged with an uncharacterized entry level separation in accordance with Air Force Regulation 39-10, paragraph 5-22b (4). He was given an SPD code of JGA (entry level performance) and an RE code of 2C (involuntarily separated with an honorable discharge). He had served four months and five days on active duty. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states that the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the sound discretion of the discharge authority. The applicant did not provide any evidence or identify any errors or injustices that occurred in the discharge process. He provided no facts warranting a change to his SPD or RE codes. The DPSOS evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 September 2007 for review and response within 30 days. As of this date, this office has received no response. ________________________________________________________________ _ 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 probable error or injustice. After reviewing the evidence of record, the Board does not find the commander’s action to discharge the applicant with an entry- level separation to be inappropriate considering the applicant’s repeated academic failures and documented poor attitude. The RE code which was issued at the time of the applicant’s separation accurately reflects the circumstances of his separation and we do not find this code to be in error or unjust. We note the applicant’s contentions that he is now wiser, educated, and anxious to follow through with his military obligation; however, he has not provided sufficient evidence which would lead us to believe he is now more prepared to meet the rigors or requirements of military life. In view of the foregoing, we conclude that no basis exists upon which to recommend favorable action on his request that it be changed. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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 this application in Executive Session on 16 January 2007, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-02471: Exhibit A. DD Form 149, dated 26 July 2007, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 12 Sep 07. Exhibit D. Letter, SAF/MRBR, dated 21 Sep 07.