RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-02279

XXXXXXXXXXXX	COUNSEL: XXXXXXXXX
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His Reentry (RE) code of “2C” which denotes “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” be changed to a “1.” 

His narrative reason for separation of “Entry Level Performance and Conduct,” be changed to “Secretarial Authority.” 

His “Uncharacterized” Entry Level Separation be changed to an honorable discharge. 

He be reissued a DD Form 214, Certificate of Release or Discharge from Active Duty and discharge certificate.

Any adverse/negative documents be removed from his records.

APPLICANT’S CONTENTIONS

The underlying basis of his separation was procedurally defective at the time of the discharge and the adverse actions, to include the administrative discharge, were unfair.  He failed some of his exams during technical school and was not offered rehabilitative assistance in accordance with AFI 36-3208, Administrative Separation of Airmen, paragraph 5.2.  He was discharged under the false pretense of “Failing the tests on purpose to get out of the Air Force.”

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former airman basic (E-1). 

The applicant’s DD Form 214, issued in conjunction with his 11 Oct 01 discharge reflects he was discharged after serving 3 months and 16 days of active duty.  He received an “Uncharacterized” Entry Level Separation (ELS), with a reentry code of “2C,” with a narrative reason for separation of “Entry Level Performance and Conduct.” 
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C and D.

AIR FORCE EVALUATION

AFPC/DP2SSR recommends denying the applicant’s request to change the narrative reason for separation and character of service on his DD Form 214.  There is no error or injustice with the discharge processing.  The applicant was discharged under the provisions of AFI 36-3208, with a narrative reason of “Entry Level Performance and Conduct,” and an entry level separation of uncharacterized service.  He served on active duty for 3 months and 16 days.  The discharge documentation is absent from the record.  However, based on the presumption of regularity, the commander would have provided sufficient evidence to the base discharge authority to support both separation and the character of service.  Furthermore, airmen are in entry level status when they are discharged within 180 days of continuous active duty service. 

The complete advisory opinion is at Exhibit C.

AFPC/DP2SSM recommends denying the applicant’s request to change his reenlistment eligibility (RE) code.  There is no evidence of an error or injustice based on the documentation provided by the applicant and analysis of the facts.  In accordance with AFI 36-2606, Reenlistments in the United States Air Force, the RE code of “2C’ was appropriate for this separation, “involuntarily separated with an honorable discharge; or entry level separation without characterization of service.”  The applicant is specifically asking for a “1” series RE code.  However, the only RE code an airman can separate with, in this series is “1J,” “eligible to reenlist, but elects separation.”  All airmen selected under the Selective Reenlistment Program and elect separation are given RE code “1J.”  This RE code would not be appropriate as the applicant was not selected or qualified for reenlistment, but was involuntarily discharged.  

The complete advisory opinion is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 12 Feb 21 for comment (Exhibit D), and the applicant replied on 2 Mar 21.  In his response, the applicant disagrees with the advisory opinion.  Although there is a presumption of regularity, the Board can also review the case for fairness and equity.  He was young at the time and deserves to have his discharge upgraded.  The applicant submitted additional post-service information.  The applicant’s complete response is at Exhibit F.

FINDIS 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 recommendations of the Air Force Offices of Primary Responsibility 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).  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-2020-02279 in Executive Session on 14 Apr 21:

, 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 2 Jun 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSR, dated 2 Feb 21.
Exhibit D: Advisory opinion, AFPC/DP2SSM, dated 11 Feb 21.
Exhibit E:	Notification of advisory, SAF/MRBC to applicant, dated 12 Feb 21.
Exhibit F:	Applicant’s response, w/atchs, dated 2 Mar 21.

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.