RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-03149
INDEX CODE: 110.00
xxxxxxxxxxxxxxxxxx COUNSEL: NONE
xxxxxxxxxxx HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His separation code and Reenlistment Eligibility (RE) code be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He entered the Air Force at the age of 17. He was considerably immature
and lacked self-discipline. Within days he realized that he wasn’t
psychologically prepared to meet the challenges and demands of the Air
Force. Since his discharge, he has worked to be within four months of
receiving a baccalaureate degree in mathematics. He states that he regrets
causing distractions in the progress of the overall Air Force mission. He
has greatly matured socially, spiritually, and psychologically.
In support of his request, he submits a personal statement, college
transcript, and character references.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 17 April 1996 in the grade
of airman basic for a period of 4 years.
On 23 April 1996, the commander indicated in his recommendation for
discharge that this action was recommended because the applicant had failed
to adapt to the military environment, he failed to make satisfactory
progress in a required training program, his reluctance to make the effort
necessary to meet Air Force standards of conduct and duty performance, his
lack of self-discipline, and he received a minor disciplinary infraction -
Letter of Reprimand (LOR) dated 19 April 1996.
The commander advised applicant of his right to consult legal counsel, to
submit statements in his own behalf; or waive the above rights after
consulting with counsel.
On 23 April 1996, applicant waived his right to consult counsel and to
submit statements in his own behalf.
On 24 April 1996, the discharge authority approved the recommendation for
discharge and directed that he be given an entry-level separation.
Applicant was discharged on 29 April 1996, in the grade of airman basic
with a uncharacterized discharge, under the provisions of AFI 36-3208
(Entry-Level Performance and Conduct). He served a total of 13 days active
duty.
_________________________________________________________________
AIR FORCE EVALUATION:
The Military Personnel Management, Specialist, Directorate of Personnel
Program Management, AFPC/DPPRS, reviewed this application and states that
based upon the documentation in the file, they believe the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation. The discharge was within the sound discretion of the
discharge authority. The applicant did not submit any new evidence or
identify any errors or injustices that occurred in the discharge
processing. He provided no facts warranting a change in his narrative
reason for separation or a change in his separation code. Accordingly,
they recommend denial of applicant's request.
A complete copy of the Air Force evaluation is attached at Exhibit C.
The Military Personnel Management Specialist, Directorate of Personnel
Program Management, AFPC/DPPAES, also reviewed this application and states
that the Reenlistment Eligibility (RE) code “2C” is correct. The type of
separation drove assignment of the RE code.
A complete copy of their Air Force evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinions and states that it has been
four years since his discharge, and it was less than six months from his
discharge that he discovered an error and injustice. He has become within
days of receiving a college degree and considers this a major life-long
accomplishment. He states had it not been for his pursuit, he would have
discovered and presented this argument much sooner. He hopes that the
Board can find merit in the time lapse and give fair consideration to his
case. The military has become his most desired pursuit post-graduating.
He asks the Board to approach his case bearing clemency in mind. The
commander’s reasons for initiating separation encompasses issues such as
exiting his military uniform, and returning in his civilian attire. He
also refused to train with three independent requests to do so, by the
assigned drill instructors. This all occurred within hours after his first
day of basic military training. He feels remorse for what has happened,
however, this is his attempt to reveal his lack of ambition for the
military at that time. He enlisted at the age of 17 by the condemnation of
his mother and grandmother and was unprepared for the service. The
separation and discharge codes given, prohibits him from reenlisting in the
Air Force or any other branch of service. If the Air Force feels that they
do not want to take another chance with him, he should at least, be able to
enter another branch of service. His mind has broaden and he is a changed
person. He has proven not only to others, but himself that he is a very
goal-oriented individual with outstanding drive and potential.
Applicant's complete response is attached at Exhibit F.
_________________________________________________________________
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 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 granting
the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will materially
add to our understanding of the issue(s) involved. Therefore, the request
for a hearing is not favorably considered.
_________________________________________________________________
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 20 June 2000, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Mr. John E. Pettit, Member
Mr. William H. Anderson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 January 2000, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 8 March 2000.
Exhibit D. Letter, AFPC/DPPAES, dated 23 March 2000.
Exhibit E. Letter, SAF/MIBR, dated 14 April 2000.
Exhibit F. Letter, Applicant, dated 24 April 2000, w/atchs.
TERRY A. YONKERS
Panel Chair
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