ADDENDUM TO
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02720
            INDEX CODE: 110.03

            COUNSEL:  None

            HEARING DESIRED: No

_________________________________________________________________

RESUME OF CASE

On 25 February 1999, the Board considered and denied  the  applicant’s
23 September 1998 application requesting that:

      1. All items pertaining to his involuntary discharge be expunged
from his record.

      2. He be given all back pay for fulfillment of contract.

      3. His 4th stripe (E-5) (staff sergeant (SSgt)) be reinstated.

      4. He be given the opportunity to start his career where he left
off.

      5. His reenlistment eligibility (RE) code be upgraded to “1J.”

      6. He be given immediate reenlistment.

After thoroughly reviewing the case, the  Board  found  the  discharge
action  taken  against  the  applicant  was  appropriate.   The  Board
considered upgrading the applicant’s reenlistment eligibility code  to
“1J”, but after reviewing the entire record, they did  not  feel  that
this action was justified.  However, they did  feel  some  relief  was
warranted.  Based on the  findings of the Air Force  Discharge  Review
Board (AFDRB) and the applicant’s apparent strong desire to serve  his
country the Board  believed  the  applicant  should  be  afforded  the
opportunity to apply for a waiver to enlist  in  the  armed  services.
They recommended that the applicant’s record be corrected to reflect a
RE code of “3K.”  A complete copy of  the  Record  of  Proceedings  is
attached at Exhibit H.  In a letter, dated 25  April  1999,  applicant
stated he  did  not  receive  the  Air  Force  evaluations  that  were
forwarded to him on 16 November 1998.  On 11 May 1999, the  Air  Force
evaluations were forwarded to the applicant.  He was informed
that if he did not agree with the decision of the Board,  he  had  the
right to submit newly  discovered  relevant  evidence  which  was  not
reasonably available when the application was  submitted.  A  complete
copy of the Record of Proceedings is attached at Exhibit H.

On 15 May 1999, applicant submitted his  statements,  Letter,  2BW/JA,
dated 30 August 1995, letters of  appreciation  and  recognition,  and
copies of his records, and his case was reopened (Exhibit I).

_________________________________________________________________

BOARD CONCLUDES THAT:

1.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of probable error or injustice warranting expunging  the
discharge proceedings from his record and releasing  him  from  active
duty on 13 December 1996 for Completion of  Required  Active  Service.
After reviewing the documentation submitted with this appeal, we  find
that the Letter  of  Reprimand  and  the  Article  15  issued  to  the
applicant were within the commander’s discretion.  While this Board in
its earlier consideration of this  appeal  found  that  the  discharge
action was appropriate, we, after reviewing  the  additional  evidence
submitted, believe that the applicant  should  have  been  allowed  to
complete his enlistment.  The Discharge Review Board  found  that  the
characterization  and  reason  for  discharge  were  too  harsh.    In
addition, we note the conflicting evidence that was rendered when  the
applicant’s alleged misconduct was investigated.  It appears  that  he
desires another opportunity to serve in the Air Force and,  under  the
circumstances, we  believe  that  he  should  be  provided  with  this
opportunity.  Since we conclude that he should have  been  allowed  to
complete his enlistment, the discharge action should be  removed  from
his record, the reason for his separation be changed to Completion  of
Required Active Service, and his reenlistment  eligibility  (RE)  code
change to “1J.”  Furthermore, we believe that in order to provide  him
with full and fitting relief, he should be allowed to  enlist  in  the
Regular  Air  Force  within  90  days  of  approval  of  our  proposed
recommendations.

2.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice warranting his  promotion
to the grade of staff sergeant and  reinstatement.   Applicant’s  non-
selection for  reenlistment  rendered  him  ineligible  for  promotion
consideration.   As  stated  above,  the  disciplinary  action  taken,
although harsh, was within the commander’s discretion and  we  do  not
believe that the
applicant has substantiated that he  should  have  been  selected  for
reenlistment.  In view of this determination and  in  the  absence  of
evidence to the contrary, we find no basis upon which to recommend his
promotion to staff sergeant or reinstating him on active duty.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that:

       a.     The  discharge  proceedings  under  AFI  36-3208,  dated
17 April 1996, are declared void and expunged from his records.

      b.    He was not discharged on 22 April 1996, but on 13 December
1996, he was released from active duty under the provisions of AFI 36-
3208, Completion of Required Active Service, and issued a Reenlistment
Eligibility (RE) code of “1J” and a Separation Program  Designator  of
“MBK.”

      c.    He be allowed to enlist in the Regular Air  Force  in  the
grade of senior airman provided he is morally and physically qualified
and enlists within 90 days of receipt of written notification  of  all
requirements for enlistment.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session, on 28 July 1999, under the provisions  of  AFI  36-
2603:

              Mr. Henry Romo, Jr., Panel Chair
              Mr. John E. Pettit, Member
          Ms. Olga M. Crerar, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit H.  ROP, dated 9 Apr 99, w/atchs.
   Exhibit I.  Applicant’s Response, dated 15 May 99, w/atchs.




                                   HENRY ROMO, JR.
                                   Panel Chair



AFBCMR 98-02720




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   , be corrected to show that:

            a.   The discharge proceedings under AFI 36-3208, dated 17
April 1996, be, and hereby are, declared void and expunged from his
records.

            b.   He was not discharged on 22 April 1996, but on 13
December 1996, he was released from active duty under the provisions
of AFI 36-3208, Completion of Required Active Service, and issued a
Reenlistment Eligibility (RE) code of “1J” and a Separation Program
Designator of “MBK.”

            c.   He be allowed to enlist in the Regular Air Force in
the grade of senior airman provided he is morally and physically
qualified and enlists within 90 days of receipt of written
notification of all requirements for enlistment.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02720
            INDEX CODE: 110.03

            COUNSEL:  None

            HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.    All items pertaining to his involuntary  discharge  be  expunged
from his record.

2.    He be given all back pay for fulfillment of contract.

3.    His 4th stripe (E-5) be reinstated.

4.    He be given the opportunity to start his career  where  he  left
off.

5.    His reenlistment eligibility (RE) code be upgraded to “1J.”

6.    He be given immediate reenlistment.

_________________________________________________________________

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 Examiner for the Air Force Discharge Review Board (AFDRB) (Exhibit
C) and by the appropriate offices of the Air Force (Exhibits D through
F).  Accordingly, there is no need  to  recite  these  facts  in  this
Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Dir of Personnel  Program  Management,  AFPC/DPPRS,  reviewed  the
application and states that the case has been reviewed for  separation
processing and there  are  no  errors  or  irregularities  causing  an
injustice to the applicant.  The discharge complies with directives in
effect at the  time  of  his  discharge.   The  records  indicate  the
member’s military service was  reviewed  and  appropriate  action  was
taken.  The applicant did not identify  any  specific  errors  in  the
discharge processing nor provide facts which warrant his reinstatement
to active duty, all back pay,  promotion  to  staff  sergeant,  or  to
expunge his misconduct  discharge  from  his  military  record.   They
recommend his request be denied.

A complete copy of the evaluation is attached at Exhibit D.

The Chief, Skills Management Branch, Dir of Pers  Program  Management,
AFPC/DPPAE, reviewed the application and states that the applicant was
involuntarily  discharged  on  22   April   1996,   with   a   General
characterization of service.  He  appealed  to  the  Discharge  Review
Board, and they upgraded his discharge to honorable.  This resulted in
a change of his RE code to “2C.”

A complete copy of the evaluation is attached at Exhibit E.

The Chief/Inquiries/AFBCMR Section, Enlisted Promotion &  Mil  Testing
Branch, AFPC/DPPPWB, reviewed this application  and  states  that  the
applicant was promoted to senior airman (SrA) (E-4) on 14 April  1995.
The  first  promotion  cycle  he  would   have   been   eligible   for
consideration to SSgt based on his date of rank (DOR) was  cycle  96E5
(promotions effective September 1996  - August 1997).  However,  based
on the involuntary separation and the fact that on 22  April  1996  he
was not selected for reenlistment he was automatically ineligible  for
promotion consideration to SSgt.  Consequently, the applicant  is  not
entitled to be promoted to SSgt as he requests.

A complete copy of the evaluation is attached at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 16 November 1998, for review and response.   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 timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice  warranting  voiding  the
applicant’s involuntary discharge and reinstating him to active  duty.
We took notice of the applicant's complete submission in  judging  the
merits of his case and find the discharge  action  taken  against  the
applicant was appropriate.  While we  note  the  Air  Force  Discharge
Review Board (AFDRB) concluded that the  characterization  and  reason
for discharge were too harsh, they  also  concluded  that  the  action
taken was not inappropriate.  Therefore, in the absence of evidence to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought in this application.

4.    Notwithstanding the above determination, we believe some  relief
is  warranted.   The  Board  considered  upgrading   the   applicant’s
reenlistment eligibility code to “1J,” but after reviewing the  entire
record, we do not feel that this action  is  justified.   However,  we
note the findings of the AFDRB and  the  applicant’s  apparent  strong
desire to serve his country.   Therefore,  we  believe  the  applicant
should be afforded the opportunity to apply for a waiver to enlist  in
the armed services.  Whether or not he is successful  will  depend  on
the needs of the service and our recommendation in no  way  quarantees
that he will be allowed to return to the Air Force or  any  branch  of
the service.  Therefore, we recommend that the applicant’s  record  be
corrected to reflect a RE code of “3K.”

_________________________________________________________________

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 22 April 1996, he was issued a  reenlistment  eligibility
code of “3K.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 February 1999, under the provisions of AFI 36-
2603:

      Mr. Henry Romo, Jr., Panel Chair
      Ms. Olga M. Crerar, Member
      Mr. John E. Pettit, Member
      Ms. Gloria J. Williams, Examiner (without vote)

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 September 1998, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  DRB Brief.
   Exhibit D.  Letter, AFPC/DPPRS, dated 5 October 1998.
   Exhibit E.  Letter, AFPC/DPPAE, dated 22 October 1998.
   Exhibit F.  Letter, AFPC/DPPPWB, dated 28 October 1998,
               w/atchs.
   Exhibit G.  Letter, AFBCMR, dated 16 November 1998.





                                   HENRY ROMO, JR.
                                   Panel Chair

AFBCMR 98-02720




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   , be corrected to show that at the time of his
discharge on 22 April 1996, he was issued a reenlistment eligibility
code of “3K.”





 JOE G. LINEBERGER

 Director

 Air Force Review Boards Agency