RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03783 INDEX NUMBER: 110.00 XXXXXXX COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her Reentry Code (RE) code of “2B,” (Separated with a general or under other than honorable conditions (UOTHC) discharge) be changed to one that will allow her to reenter military service. _________________________________________________________________ APPLICANT CONTENDS THAT: The RE code does not coincide with the type of discharge or character of discharge she received. The discharge limits her ability to reenter any branch of military service. In support of her application, the applicant submits a copy of a letter of recommendation to enlist in the Army from the Medical College of Georgia and Associate of Arts Degree certificate, and a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 13 August 1997 and was progressively promoted to the grade of senior airman. On 19 February 2003, her squadron commander notified her he was recommending her discharge from the Air Force under the provision of AFPD 36-32, Air Force Military Training and AFI 36-3208, Administrative Separation of Airmen, para 5.26.4, Irresponsibility in the Management of Personal Finances (unsatisfactory performance) and recommended she receive a general (under honorable conditions) discharge. The specific reasons for the commander’s action were: 1. On 20 May 2002, the applicant received a Letter of Reprimand (LOR) for being delinquent in payment of $120.00 to Cash Loan in Midwest City, OK. The LOR established an Unfavorable Information File (UIF). 2. On 23 May 2003, the applicant received an LOR for being four months delinquent in payment of $41.05 to South East Finance in Midwest, City OK. 3. On 7 November 2002, the applicant received an Article 15 for uttering to Incirlik Air Base Finance office certain checks in the amount of $2050.00, for the purpose of receiving cash and did thereafter dishonorably fail to maintain sufficient funds in the Fort Sill National Bank. 4. On 26 November 2002, the applicant received an LOR for uttering to Incirlik Air Base Finance Service Office certain checks in the amount of $750.00 for the purpose of cash and did thereafter dishonorably fail to maintain sufficient funds for payment of such checks. 5. On 15 January 2003, the applicant received a vacation action for dishonorably failing to pay Customer Credit Corporation the sum of $344.01 for a judgment issued by the District Court, Oklahoma County, Oklahoma. The applicant acknowledged receipt of the notification of discharge, consulted with legal counsel and submitted a written statement. On 26 February 2003, the discharge authority approved the separation and directed the applicant be separated with a general (under honorable conditions) discharge and should not be allowed an opportunity for probation and rehabilitation. On 17 March 2003, the applicant was involuntarily discharged under the provisions of AFI 36-3208, with service characterized as general (under honorable conditions), and an RE code of 2B (Separated with a general or under other than honorable conditions (UOTHC) discharge) in the grade of airman first class. She served 5 years, 7 months and 5 days of total active military service. On 12 October 2006, the Air Force Discharge Review Board (AFDRB) reviewed the applicant's request and concluded no change in the applicant's discharge was warranted _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial and states they found no evidence of error or injustice; nor did the applicant submit any evidence to support her request. AFPC/DPSOA's complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 25 January 2008, for review and comment in 30 days. 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 concerning the applicant’s RE code. The applicant has provided no evidence showing that her assigned RE code is in error or contrary to the prevailing instruction. The RE code which was issued at the time of applicant’s separation accurately reflects the circumstances of her separation and we do not find this code to be in error or unjust. We, therefore, conclude that no basis exists upon which to recommend favorable action on her request that it be changed. While RE code “2” series indicates “Conditions Barring Immediate Reenlistment,” we note that the Army may elect to waive her ineligibility and allow her to enlist if they so desire. 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 that the applicant has not established that she has been the victim of an error or injustice. In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this 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- 2007-03783 in Executive Session on 19 March 2008, under the provisions of AFI 36-2603: Mr. XXXXXXXXXXXXXX, Panel Chair Ms. XXXXXXXXXXXXXX, Member Mr. XXXXXXXXXXXXXXX, Member The following documentary evidence pertaining to Docket Number BC- 2007-03783 was considered: Exhibit A. DD Form 149, dated 1 Nov 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 28 Dec 07. Exhibit D. Letter, SAF/MRBR, dated 25 Jan 08 XXXXXXXXXXXXXX Panel Chair