RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-00930
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to an honorable discharge.

By amendment, he requests that his Reenlistment Eligibility (RE)  code
of “4” be changed to a “1” to allow eligibility to enlist in  the  Air
Force.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant did not list any contentions.

In support of his  request,  the  applicant  submits  a  copy  of  his
discharge clemency package and additional documents (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular  Air  Force  on  12
June 1996 for a period of 4 years.  He was progressively  promoted  to
the grade of airman first class (E-3), with an effective date and date
of rank of 11 December 1997.

On 25 May 1999, applicant was tried before a special court-martial  at
Langley AFB.  He pled guilty to being derelict in the  performance  of
his duties for which he used his Government Nations Bank Visa Card for
purposes other than official use  and  also  for  wrongfully  storing,
processing, sending or transmitting sexually explicit materials  using
a government computer.  For these offenses, the applicant was  reduced
to the grade of airman basic (E-1), sentenced to 75  days  confinement
and reprimanded.  The sentence was adjudged on 7 July 1999.

On 1 September 1999, the applicant was  notified  that  he  was  being
recommended  for  discharge  for  commission  of  a  serious  offense;
specifically,  the  aforementioned  reasons  for  his  summary  court-
martial.  He received a General (Under Honorable Conditions) Discharge
on 23 September 1999 under the provisions of AFI 36-3208 (Misconduct).
 He had completed a total of 3 years, 1 month  and  24  days  and  was
serving in the grade of airman basic (E-1) at the time  of  discharge.
Applicant had 1 month and 18 days of lost  time  (8  July  1999  -  24
August 1999).  He received an RE  Code  of  2B,  which  defined  means
"Separated with a general or under  other  than  honorable  conditions
discharge."
_________________________________________________________________

AIR FORCE EVALUATION:

Applicant's request to upgrade his discharge to honorable, change  the
reason for discharge and change his reenlistment eligibility (RE) code
was denied by the Air Force  Discharge  Review  Board  (AFDRB)  on  11
October  2000.   In  accordance  with  policy,  the  application   was
forwarded to this Board for further consideration.  A copy of the  Air
Force Discharge Review Board Hearing Record is appended at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the AFDRB Hearing Record and indicated that  he
was young, misguided and immature when he entered the Air  Force.   He
made an immature decision because he though it would help  his  family
survive and thought it would make his marital relationship better.  He
thought by using his credit card to pay off bills, he would be able to
pay the  credit  card  company  back  eventually  without  it  getting
reported to his unit commander.  He repaid the entire debt before  his
case went to trial so there is no outstanding debt that he has through
the military.  As to the unofficial information on  his  computer,  he
honestly did not think that the e-mail would get intercepted and  that
is why he sent it off to other people he knew.   He  believes  he  can
once again be an asset to the Air Force as  a  Network  Administrator.
He has matured and would never want to put his family, his country and
himself in jeopardy ever again.  A complete copy of this  response  is
appended at Exhibit E.
_________________________________________________________________

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.  We thoroughly  reviewed
applicant’s  entire  record  and  the  circumstances  surrounding  the
discharge in 1999 and found no  evidence  that  responsible  officials
applied  inappropriate  standards   in   effecting   the   applicant’s
discharge, that pertinent Air Force instructions were violated or that
the applicant was not afforded all the rights to which entitled at the
time of discharge.  In view  of  the  above  and  in  the  absence  of
evidence that the applicant’s substantial rights were  violated,  that
the information contained in the discharge case file was erroneous, or
that his superiors abused their discretionary authority,  we  are  not
inclined  to  favorably  consider  his  request  for  upgrade  of  his
discharge.

4.  Sufficient relevant evidence has been presented to demonstrate the
existence   of   probable   injustice   concerning   the   applicant’s
reenlistment eligibility (RE) code.  We found no evidence to  indicate
that the RE code issued in conjunction  with  applicant’s  involuntary
discharge was  in  error  or  contrary  to  the  governing  Air  Force
instruction.  However, we are persuaded that the  circumstances  which
resulted in applicant’s discharge have been resolved and that a change
of the RE code is warranted on the basis of clemency.   The  applicant
was  young  and  immature  and  it  appears  that  he   has   accepted
responsibility for his actions.  In view of the above, we  believe  it
would be an injustice for  him  to  continue  to  suffer  the  adverse
effects of his existing RE code because  it  does  not  allow  him  to
pursue his apparent desire to continue his military career.   Although
we do not believe that he should receive an RE code of “1”  as  he  is
requesting, we do believe that he should be afforded  the  opportunity
to apply for a waiver to enlist in the Air Force or another branch  of
the armed services.  Whether or not he is successful  will  depend  on
the needs of the particular service.  In view  of  the  foregoing,  we
recommend his records be corrected to the extent indicated below.

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.
_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be  corrected  to  show  that  his  reenlistment
eligibility (RE) code, issued in conjunction with his under  honorable
conditions (general) discharge on 23 September 1999, was “3K.”
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 16 January 2001, under the provisions of AFI  36-
2603:

                  Mr. Benedict A. Kausal IV, Panel Chair
                  Ms. Olga M. Crerar, Member
              Mr. Richard M. McCormick, Member

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

   Exhibit A.  DD Form 149, dated 21 Mar 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  AFDRB Hearing Record, dated 11 Oct 00.
   Exhibit D.  Letter, SAF/MIBR, dated 2 Nov 00.
   Exhibit E.  Letter from applicant, dated 29 Nov 00




                                   BENEDICT A. KAUSAL IV
                                   Panel Chair



AFBCMR 0000930




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 his reenlistment
eligibility (RE) code, issued in conjunction with his under honorable
conditions (general) discharge on 23 September 1999, was “3K.”




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency