RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03008 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 2C (Involuntarily separated with an honorable discharge, or entry-level separation without characterization of service) be changed to a 1-series RE code to allow him to reenter military service. _________________________________________________________________ APPLICANT CONTENDS THAT: Since his separation he has tried to better himself and would like his RE code changed to allow him the opportunity to enlist the Navy Reserve. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and an expanded statement. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 19 Jul 95, the applicant contracted his enlistment in the Regular Air Force. He served as a Biomedical Equipment Apprentice. On 20 Mar 97, the applicant’s commander notified him that he was recommending his discharge from the Air Force for unsatisfactory performance. The specific reasons for the discharge action were the applicant’s receipt of five Records of Individual Counseling (RIC) for failure to perform assigned duties and unsatisfactory performance. On 25 Mar 97, after consulting with legal counsel, the applicant acknowledged receipt of the notification for discharge and waived his rights to submit statements in his own behalf. On 25 Mar 97, the legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be honorably discharged without probation and rehabilitation. On 28 Mar 97, the discharge authority concurred with the commander’s recommendation and directed the applicant be honorably discharged without probation and rehabilitation. The applicant was discharged on 2 Apr 97 and was credited with 1 year, 8 months, and 14 days of active service. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOA recommends denial noting the applicant does not contend there was an error and injustice and the RE code he received is appropriate and is required in accordance with AFI 36-2606, Reenlistments in the USAF, based on him being involuntarily discharged with an honorable character of service. The complete AFPC/DPSOA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 21 Oct 11 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. _________________________________________________________________ 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 an 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 the recommendation of the Air Force office 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. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2011-03008 in Executive Session on 22 Feb 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSOA, dated 29 Sep 11. Exhibit D. Letter, SAF/MRBR, dated 21 Oct 11.