RECORD OF PROCEEDINGS

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2009-03188

INDEX CODE: 112.10

XXXXXXX	COUNSEL: NONE

HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to one that would allow him to reenlist.

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APPLICANT CONTENDS THAT:

Prior to his separation, he suffered a collapsed lung and had to deal with the news his father had been diagnosed with cancer. He asked to be retrained in a different Air Force career field but was told that if he was not right for Security Forces then he was not right for the Air Force.

He felt that he had no other choice but to separate. He had no idea he would not be allowed to reenlist at a later date. It has been his dream since he was a child to serve in the Air Force like his father.

In support of his appeal, the applicant provides a personal statement.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood on 23 Jul 08. His doctor recommended that he be administratively separated as his diagnosis did not meet retention standards for continued military service. His disorder was considered severe enough that his ability to function in a military environment was significantly impaired. Further, his doctor noted the applicant “strongly desires to separate from the Air Force.”

On 23 Sep 08, he was notified that he was being recommended for discharge. His case was found legally sufficient on 26 Sep 08. On 6 Oct 08, his commander directed that he be discharged with an entry level separation, after completing 4 months and 26 days of active service.

Members who are separated prior to completing 180 days of service receive an uncharacterized character of service along with an associated RE code of 2C - Involuntarily separated with an honorable discharge; or entry level separation without characterization of service.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial and states the applicant’s RE code of 2C is correct based on an entry level separation with an uncharacterized character of service. He has not submitted any evidence showing that his RE code was assigned either in error or as the result of an injustice.

The complete AFPC/DPSOA evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 Dec 09 for review and comment within 30 days. As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1. The applicant has exhausted all remedies provided by existing law or regulations.

2. The application was timely filed.

3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2009-03188 in Executive Session on 6 May 2010, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

Exhibit A. DD Form 149, dated 8 Aug 09, w/atchs.

Exhibit B. Applicant's Master Personnel Records.

Exhibit C. Letter, AFPC/DPSOA, dated 8 Oct 09.

Exhibit D. Letter, SAF/MRBR, dated 4 Dec 09.