RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01323
INDEX CODE: 100.03, 100.06
APPLICANT COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2C be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like to serve in the Air National Guard (ANG) or an Air Force
Reserve (AFRes) component.
In support of his request applicant has provided a letter from AFPC/DPPRRB,
dated 24 Mar 00, announcing the Air Force Discharge Review Board (AFDRB)
decision to upgrade his discharge characterization to Honorable, change his
Separation Code to reflect "JFF", and change his RE code from "2B" to "2C",
a copy of the response to his congressional inquiry, and the AFDRB
Decisional Rationale brief.
A complete copy of his submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 1 Aug 69 and was
progressively promoted to the grade of staff sergeant, effective and with a
date of rank of 1 Aug 77. The following is a resume of applicant's Airman
Performance Reports (APRs) subsequent to assuming the grade of staff
sergeant:
PERIOD ENDING PROMOTION RECOMMENDATION
31 Jul 78 7
13 Jul 79 9
31 Jul 80 6
31 Jul 81 6
08 Aug 81 Letter of Evaluation (LOE)
26 Feb 82 8
12 Nov 82 8
02 Nov 83 6
16 Apr 84 6
On 11 Jun 84, applicant was notified by his commander that in accordance
with AFR 39-10, paragraph 5-47, he was recommending that applicant be
discharged from the Air Force. The specific reasons for the commander's
action were; on 6 Feb 84, applicant received Article 15 punishment for
dereliction in the performance of his duties. On 25 Jan 84, applicant
received a letter of reprimand (LOR) for substandard duty performance. On
1 Sep 83, applicant received an LOR for operating a motor vehicle without a
valid driver’s license and speeding. On 21 Jul 83, applicant received an
LOR for failure to go.
The applicant was advised of his rights in the matter. The applicant
acknowledged receipt of the notification and the commander initiated
discharge proceedings against the applicant on that same date. After
consulting counsel, applicant elected to present his case to an
administrative discharge board.
On 1 and 3 August 1984, a Board of Officers was convened under the
provisions of AFR 39-10 to consider the case. After hearing the testimony
and reviewing the evidence presented, the board recommended that the
applicant be discharged with a general (under honorable conditions)
discharge. In a legal review of the discharge case file, a wing staff
judge advocate, found it legally sufficient and recommended that the
applicant be discharged from the Air Force with a general discharge. On 2
Oct 84, the discharge authority directed that the applicant be discharged
with a general discharge without probation and rehabilitation. Applicant
was discharged on 10 Oct 84 after serving 15 years, 2 months, and 10 days
on active duty.
On 4 Jan 95, applicant requested review of his discharge by the Air Force
Discharge Review Board (AFDRB). The AFDRB reviewed applicant's discharge
on 22 Sep 95. The applicant did not appear before the board. The AFDRB
found there was no legal or equitable basis for upgrade of applicant's
discharge.
On 6 Jul 99, applicant requested additional review of his discharge by the
AFDRB. The AFDRB, reviewed applicant's discharge, with a personal
appearance, on 20 Jan 00, and found that the overall quality of the
applicant's service is more accurately reflected by an honorable discharge
and the reason for discharge is more accurately described as Secretarial
Authority. Accordingly, applicant's RE code was changed from "2B" to "2C".
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE, reviewed applicant's request and recommends denial. DPPAE
states that the AFDRB decision to upgrade his discharge is not by itself
reason to ignore the fact that he did not meet quality standards (see
Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded to the Air Force review and provided an account of the
events that led to his discharge (see 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. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. We concur with the AFDRB's
earlier decision to upgrade the applicant's discharge characterization to
honorable, however, we find that under the given circumstances, the
applicant's RE code is appropriate. We agree with the opinion and
recommendation of the Air Force office of primary responsibility, 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 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 probable 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 this application in Executive
Session on 10 Oct 00, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Ms. Melinda J. Loftin, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 May 00, w/Atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 11 Jul 00.
Exhibit D. Letter, SAF/MIBR, dated 21 Jul 00.
Exhibit E. Letter, Applicant, dated 24 Jul 00.
TERRY A. YONKERS
Panel Chair
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