RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01729 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code of “3A” which denotes “First-Term Airmen who separates prior to completing 36 months (60 months for 6- year enlistee) on current enlistment” be changed to allow him to enlist in the Wisconsin Air National Guard (ANG). _________________________________________________________________ APPLICANT CONTENDS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty is preventing him from enlisting in the ANG because the character of service reflects “uncharacterized.” He does not believe his record is in error. He is seeking administratve relief to modify the current character of service to allow him to enlist in the ANG. In support of his request, the applicant provides copies of his DD Form 214 and a letter from the Portage County Veterans Services Department. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 2 Oct 12, the applicant enlisted in the Regular Air Force. According to AFPC/DPSOR, the available evidence of record reflects the following: On 17 Dec 12, the applicant’s first day of training, he failed the initial Tactical Air Control Party (TACP) Preparatory Course Physical Ability and Stamina Test (PAST) by completing 3 of the required 6 pull-ups and 30 of the required 40 push-ups. On 18 Jan 13, after being washed back, he again failed the push- up portion of the TACP PAST test by completing 35 of the required 40 push-ups. The applicant was counseled on his PAST failure and reminded that a second PAST failure from a wash back was grounds for elimination from TACP. On 1 Mar 13, the commander notified the applicant that he was being discharged from the Air Force for entry-level performance or conduct under the provisions of AFI 36-3208, Administrative Separation of Airmen. The reason for the proposed action was the applicant’s failure to make satisfactory progress in a required training program. The applicant acknowledged receipt of the discharge notification; advised of his right to consult with legal counsel and to submit a statement in his own behalf. The base legal office reviewed the case and found it to have been properly proceesed in accordance with the notification procedures. On 20 Sep 10, the discharge authority approved the separation. On 27 Mar 13, the applicant received an uncharacterized entry- level separation, with a separation code of JGA which denotes “Entry Level Performace or Conduct” and was issued an RE code of 3A. He served on active duty for a period of 5 months and 26 days. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial. Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and within the discretion of the discharge authority. The applicant did not provide any evidence that an error or injustice occurred in the discharge processing. The applicant was counseled and afforded the opportunity to overcome his academic deficiencies. Airmen are given entry-level separation/uncharacterized service when separation is initiated in the first 180 days of continuous active service. The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service. Therefore, his uncharacterized character of service, is correct and in accordance with DoD and Air Force instructions. The complete DPSOR 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 7 Jun 13, for review and comment within 30 days (Exhibit D). 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contention, we are not persuaded that he has been the victim of an error or injustice. Therefore, 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. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in the application. _________________________________________________________________ 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 Docket Number BC-2013-01729 in Executive Session on 27 Jan 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01729 was considered: Exhibit A. DD Form 149, dated 4 Apr 13, w/atchs. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 20 May 13. Exhibit D. Letter, SAF/MRBR, dated 7 Jun 13. 1 2