RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-01448
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge and reenlistment eligibility (RE) code be upgraded.
The applicant received an RE code of 2B, which defined means “Involuntarily
separated under AFR 39-10, with less than honorable discharge.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or unjust and
the evidence submitted in support of the appeal are at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted from the
applicant’s military records, are contained in the Brief prepared by the
Air Force Discharge Review Board (AFDRB). Accordingly, there is no need to
recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The Air Force Discharge Review Board (AFDRB) denied applicant's request for
upgrade of his discharge on 26 October 1998. In accordance with policy,
the application was forwarded to this Board for further consideration
(Exhibit C).
The Special Programs and BCMR Manager, HQ AFPC/DPPAES, evaluated
applicant's request for upgrade of his RE code and provided an advisory
opinion to the Board recommending the application be denied (Exhibit D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant on 2
December 1998 for review and response. As of this date, no response has
been received by this office (Exhibit E).
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice. Although the evidence presented does not
substantiate that the applicant’s discharge was improper or contrary to the
provisions of the governing regulation under which it was effected, we are
persuaded that some relief is warranted in this case. While the RE code
assigned to the applicant, at the time, was correct and in accordance with
regulation, we believe it would be an injustice for applicant to continue
to suffer its effects in the way of enlistment opportunities in the armed
forces in view of his accomplishments since leaving the service and the
support provided with his application. We note that the applicant wishes
to enlist in the U. S. Army and we believe that he should be given the
opportunity to apply for enlistment. Therefore, we recommend that the RE
code 2B be changed to 4E (Grade is E-1, E-2 or E-3 with TAFMS not exceeding
18 years) so that he may apply for enlistment into the U. S. Army. This
code may be waived based on the needs of the branch and component of the
Armed Forces to which he applies for entry. In addition, since the
discharge drove the assignment of the RE code, we also believe the
narrative reason for discharge and the separation code should be changed.
Accordingly, we recommend that the records be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that at the time of his discharge on 16
September 1983, the narrative reason for his separation was “Miscellaneous
Reasons,” with a Reenlistment Eligibility code of 4E, and a Separation
Program Designator code of KND.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 23 March 1999, under the provisions of AFI 36-2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Ms. Olga M. Crerar, Member
Ms. Dorothy P. Loeb, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 May 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFDRB Brief
Exhibit D. Letter, HQ AFPC/DPPAES, undated.
Exhibit E. Letter, SAF/MIBR, dated 2 Dec 98.
PATRICIA J. ZARODKIEWICZ
Panel Chair
AFBCMR 98-01448
INDEX CODE: 110-00
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that at the time of his
discharge on 16 September 1983, the narrative reason for his separation was
“Miscellaneous Reasons,” with a Reenlistment Eligibility code of 4E, and a
Separation Program Designator code of KND.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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