RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00764

XXXXXXXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

He would like to have his reentry (RE) code changed from 2C to a RE-1 series code.

APPLICANT’S CONTENTIONS

He would like to enlist in the Navy. However, his RE code prevents him from doing do.  He realized he made a poor decision and failed an academic exam during his technical training.  He was immature and lacked appreciation for what it meant to commit to a cause.  The result has been 18 years of regret and shame.  Since his discharge, he has married, graduated from college, and held a single job for over nine years.  His wife is a veteran and understands the sacrifices he may have to make when he returns to active duty. He is a completely different person and for the sake of his family and himself, he would like a second chance to serve his country. 

In support of his request, the applicant provides copies of his college degree, transcripts, marriage certificate, and character references.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

On 12 Mar 02, the applicant entered the Regular Air Force.

On 12 Jun 02, the applicant’s commander notified him he was recommending his discharge  under the authority of AFPD 36-32, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.22.2, Entry Level Performance or Conduct.  The reason for his recommendation was the applicant’s three test failures.

On 13 Jun 02, the Assistant Staff Judge Advocate determined the discharge was legally sufficient and recommended the applicant be administratively discharged with an Entry-Level Separation (ELS). 

On 21 Jun 02, per DD Form 214, Certificate of Release or Discharge from Active Duty, the applicant was discharged with an ELS, uncharacterized character of service, separation code and corresponding narrative reason for separation of JGA, Entry Level Performance and Conduct, and an RE code of 2C.  He was credited with 3 months and 10 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. On 21 Jun 02, the applicant received an ELS with an uncharacterized character of service after serving 3 months and 10 days of service.  Therefore, the 2C RE code he received is correct. The applicant is specifically asking for an RE-1 series code. However, within the RE-1 series, the only RE code an Airman can separate with is 1J.  Should the Board elect to grant relief, a more favorable RE code would be 3K.

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 21 Apr 21 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was 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 the victim of an injustice in part.  Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with the appropriate regulations, it is the Board’s opinion that partial relief is warranted in this case.  In this respect, after careful review of the applicant’s submission and given that he wants to serve his country, the Board believes that a good probability exists that he may be able to provide effective and meaningful service to our nation as a member of the armed forces.  Therefore, the Board believes a change to his RE code to a waiverable code is warranted.  Whether or not he is successful in his attempts to return to the military will depend on the needs of the service and the Board’s recommendation in no way guarantees that he will be allowed to return to any branch of service.  Accordingly, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 21 Jun 02, he was discharged with a reentry code of 3K.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2021-00764 in Executive Session on 28 Oct 21:
, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 28 Sep 20.
Exhibit B:	Documentary Evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/ DP2SSM, dated 20 Apr 21.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 21 Apr 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.