RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03377
INDEX CODE: 110.02
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty,
Blocks 25 (Separation Authority), 26 (Separation Code), and 27 (Reentry
Code) be changed to allow him to join the Marine Corps.
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of discharge he was a young man, not fully prepared mentally or
physically to carry out a military life. He didn’t fully realize at the
time the potential and great future the military could provide for him. He
would like the opportunity to join the finest organization in the world,
the U.S. Marine Corp. By removing the restriction in his record for
reentry, he can fulfill his dream in becoming a United States Marine.
In support of his request, he submits five character reference letters, his
DD Form 214, and a St. Luke Psychiatric Form.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 11 May 1992 in the grade of
airman basic for a period of 4 years.
On 21 September 1992, applicant was notified of his commander's intent to
initiate discharge action against him because his DSM-III-R Axis I & II
diagnosis revealed that he had an Adjustment Disorder with depressed mood,
and self-defeating and compulsive features. On 21 September 1992, he
waived his option to consult counsel and his right to submit statements.
Applicant was discharged on 24 September 1992, in the grade of airman basic
with an Uncharacterized discharge, under the provisions of AFR 39-10
(Conditions that interfere with military service - not disability - mental
disorders). He had completed 4 months and 14 days of total active military
service. He was issued an RE code of “2C” (Involuntarily separated under
AFR 39-10, with an Honorable Discharge; or, Entry Level Separation without
characterization of service).
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief Medical Consultant, AFBCMR, reviewed this application and states
that the applicant furnishes no controverting evidence to override the
adjustment disorder diagnosis that was established prior to his separation
which remains valid even by his own admission. This being valid, there is
no justification to consider changing the RE code as the applicant
requests. The BCMR Medical Consultant is of the opinion that no change in
the records is warranted and the application should be denied.
A complete copy of the Air Force evaluation is attached at Exhibit C.
The Dir of Personnel Program Management, Separations Branch, AFPC/DPPRS,
reviewed this application and states that this case has been reviewed for
separation processing and there are no errors or irregularities causing an
injustice to the applicant. The discharge complies with, and was conducted
according to AFR 39-10, the appropriate directives in effect at the time of
his discharge. The records indicate 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 a change in his reason for separation. Accordingly, they recommend
applicant’s request be denied.
A complete copy of the Air Force evaluation is attached at Exhibit D.
The Dir of Personnel Program Management, Special Programs and BCMR Manager,
AFPC/DPPAES, reviewed this application and states they conducted a review
of the applicant’s case file. The reenlistment eligibility code “2C” is
correct. The type of discharge drove assignment of the RE code.
A complete copy of the Air Force evaluation is attached at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 29 March 1999, copies of the Air Force evaluations were forwarded to the
applicant for review and response within 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 laws 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 probable error or injustice warranting changing the separation
authority and separation code on his DD Form 214. We took notice of the
applicant's complete submission in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air Force and adopt
their rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend changing
the separation authority or the separation code.
4. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting changing the
reenlistment eligibility (RE) code. In accordance with appropriate
regulations, the RE code was appropriate to the existing circumstances.
However, we note that the applicant is attending college while working full
time. He has provided statements indicating that his study and work
efforts are excellent. In view of his post-service accomplishments, we
believe he 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 guarantees
that he will be allowed to return to the Air Force or any branch of the
service. Therefore, we recommend that the applicant’s RE code be changed
to “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 24
September 1992, he was issued a reenlistment eligibility code of “3K.”
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 29 June 1999, under the provisions of AFI 36-2603:
Mr. Robert W. Zook, Panel Chair
Mr. Philip Sheuerman, Member
Ms. Olga M. Crerar, Member
Ms. Gloria J. Williams, Examiner (without vote)
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Dec 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 25 Jan 99.
Exhibit D. Letter, AFPC/DPPRS, dated 10 Mar 99.
Exhibit E. Letter, AFPC/DPPAES, dated 12 Mar 99.
Exhibit F. Letter, AFBCMR, dated 29 Mar 99.
ROBERT W. ZOOK
Panel Chair
AFBCMR 98-03377
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
24 September 1992, he was issued a reenlistment eligibility code of “3K.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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