RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-00942

XXXXXXXXXXXXXX	COUNSEL: NONE

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Change the Reenlistment Eligibility (RE) code on his DD Form 214, Certificate of Release or Discharge from Active Duty, from 2P to 2Q.

APPLICANT’S CONTENTIONS

He was medically discharged, so according to the Air Force reenlistment codes found on the internet, the correct RE code for his discharge should be 2Q rather than 2P since he did not have lost time.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS

The applicant is an honorably discharged Air Force airman basic (E-1).

On 17 Jan 77, the applicant initially entered the Regular Air Force.

On 31 Jan 77, a Medical Board recommended the applicant be discharged by reason of physical disability (Acne vulgaris Grade IV, requiring prolonged and continuous treatment) which existed prior to service (EPTS) and has not been aggravated by service.  

On 2 Feb 77, the Surgeon, Air Training Commander medically disqualified the applicant from general military service.  

On 4 Feb 77, the applicant was honorably discharged, having served 3 months and 27 days of active service.  

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at 
Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.  The applicant was discharged on 4 Feb 77 under the provisions of AFM 39-10, Enlisted Personnel Separation, dated 30 Dec 71, with an honorable character of service after serving 18 days of service.  Specifically, the applicant was separated with a Separation Program Designator of KFU (Voluntary Discharge: Member failed to meet Physical Standards for Enlistment).  The applicant believes RE code 2P means he was AWOL; it does under today’s guidance.  However at the time of his discharge, in accordance with AFR 35-16, dated 4 Feb 77, the applicant’s RE code 2P was based on his discharge as a BMT eliminee who did not meet physical standards for enlistment.  

The complete advisory opinion is at Exhibit C. 

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 2 Apr 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

2.  The applicant exhausted all available non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

CERTIFICATION

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2019-00942 in Executive Session on 28 May 20:

, Panel Chair 
, Panel Member
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 29 Nov 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 13 Feb 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 2 Apr 20.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings, as required by AFI 36-2603, paragraph 4.11.9.