RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00168 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry code (RE code) be changed from “2C” (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) to a code that will allow him to reenter the Air Force. _________________________________________________________________ APPLICANT CONTENDS THAT: He failed his Career Development Course (CDC) due to family issues back home. Specifically, his brother’s health was bad and it affected his ability to focus and concentrate. This is no longer a hardship as his brother has passed away. In support of his request, the applicant submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, a personal statement, two letters of recommendation, a physician’s statement, and a printout of his hospital visits. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 28 November 2000. On 7 May 2003, his commander notified the applicant he was recommending his discharge from the Air Force for unsatisfactory performance, specifically, failure to progress in on-the-job training (OJT) under the authority of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen. The commander recommended his service be characterized as honorable. The applicant was also advised of his right to consult counsel and submit documents in his own behalf. He acknowledged receipt on 8 May 2003, indicated he had consulted counsel and waived his right to submit a statement in his own behalf. On 15 May 2003, the Staff Judge Advocate found the proposed discharge legally sufficient and recommended the applicant be discharged with an honorable characterization of service, without probation and rehabilitation. On 20 May 2003, the discharge authority approved the applicant’s separation with service characterized as honorable. The applicant was separated on 28 May 2003 and credited with two years and six months of service. He was given a RE code of “2C” and a narrative reason for separation of “Unsatisfactory Performance.” _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS does not make a specific recommendation but notes the applicant received counseling on several occasions and was afforded ample opportunity to overcome his deficiencies. DPSOS states the applicant did not submit any evidence or identify any errors that occurred in the discharge processing. The complete DPSOS evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request for change of his RE code. The “2C” RE code is required based on the involuntary separation with honorable character of service per AFI 36-2606, Reenlistment in the USAF, Chapter 3. The applicant did not provide any evidence of an error or injustice in reference to his RE code. The complete DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant requests the Board consider the whole picture of his case. He failed two CDC exams but he did his best with respect to the hardship he was experiencing and the time spent in his unit as a personnel apprentice. His enlisted performance reports note his achievements while serving on active duty. He has provided post service and character reference letters in support of his request. The applicant’s complete response, with attachments, is at Exhibit F. _________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case to include his response to the Air Force evaluation; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. We considered changing his RE code on the basis on clemency; however, we do not find the evidence presented is sufficient to recommend granting the relief sought on that basis. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting his request. 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 issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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 AFBCMR Docket Number BC-2010-00168 in Executive Session on 17 November 2010, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Jan 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 26 Jul 10. Exhibit D. Letter, AFPC/DPSOA, dated 27 Aug 10. Exhibit E. Letter, SAF/MRBR, dated 1 Oct 10. Exhibit F. Letter, Applicant, dated 16 Oct 10, w/atchs. Panel Chair