RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-01850
            INDEX CODE:  110.00

            480-13-0897      HEARING DESIRED:


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed  so  that  he  can
enlist in the Air Force Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After he was given the Article 15 for substandard  housing  and  his
stripe was taken from him, he requested to separate because he  felt
that the actions that his commander had taken were inappropriate and
that he did not  have  a  fair  opportunity  under  his  commander’s
command due to these actions.  At that  time,  he  was  not  worried
about his RE code because he  did  not  plan  on  returning  to  the
military.  He is not condoning his actions but believes that he is a
good person and that his past exploits prior to this incident proves
what type of airman  he  was  and  still  is.   He  would  like  the
opportunity to continue his military career.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 23 Jun 92, the  applicant  enlisted  in  the  Regular  Air  Force
(RegAF) in the grade of airman basic for a period of four years.

Applicant’s Enlisted Performance Report (EPR) profile follows:

            PERIOD ENDING          OVERALL EVALUATION

             22 Feb 94                     5
             22 Feb 95                     4
             22 Feb 96                     5
             18 Nov 96                     5

On 22 Sep 97, applicant was notified of his  commander’s  intent  to
impose nonjudicial punishment upon him for  being  derelict  in  the
performance of his duties  by  willfully  failing  to  maintain  his
government housing.  On 25 Sep 97, after  consulting  with  counsel,
applicant waived his right to a  trial  by  court-martial,  did  not
request a personal appearance and submitted a written  presentation.
On 26 Sep 97, he was found guilty by his commander who  imposed  the
following punishment:  reduction from the grade of senior airman  to
the grade of airman  first  class;  15  days  of  extra  duty;  and,
restriction to Offutt AFB for 15 days.  Applicant did not appeal the
punishment.

On  24 Oct  97,  applicant  was  notified  that  his  commander  was
recommending he be discharged from the  Air  Force  for  Misconduct-
Minor Disciplinary Infractions.  The  reasons  for  the  commander’s
actions were as follows:

      a.    Between on or about 1 Jun and 19 Sep 96,  the  applicant
failed to make required payments of  a  just  debt.   As  a  result,
applicant’s car was repossessed  on  19 Sep  96.   At  the  time  of
repossession, he was three months behind on his  car  payment.   For
this incident, he received a Letter of Counseling (LOC).

      b.    On or about 16 Oct 96, he failed to attend  a  mandatory
financial assistance appointment.  For this incident, he received  a
LOC.

      c.    Between 18 Mar and 8 May 97,  he  wrote  four  worthless
checks in the amount of $93.  Further, between 8 May and  7 Aug  97,
he failed to render payment to cover the worthless checks.  For this
incident, he received a Letter of Reprimand (LOR) and an Unfavorable
Information File (UIF) was established.

       d.     On  or  about  15 Sep  97,  he  was  derelict  in  the
performance of his duties in that he willfully  failed  to  maintain
his government housing.

On 24 Oct 97, after consulting with counsel,  applicant  waived  his
right to a trial  by  court-martial,  did  not  request  a  personal
appearance and did not submit a written presentation.

On  30 Oct  97,  the  Staff   Judge   Advocate   (SJA)   noted   one
administrative discrepancy which did not affect  legal  sufficiency.
The discrepancy was that in the Recommendation for Discharge letter,
the commander referred to three  letters  of  counseling.   The  SJA
found that there were, in fact,  only  two  letters  of  counseling.
However,  this  discrepancy  did  not  render  the  package  legally
insufficient.  The SJA found that there  was  a  sufficient  factual
basis  for  discharge.   The  SJA  recommended  the   applicant   be
discharged  with  a  general   discharge   without   probation   and
rehabilitation and due to the nature of his discharge,  that  he  be
barred from Offutt AFB for a period of one year  from  the  date  of
discharge.

On 6 Nov 97, the applicant was discharged from the Air  Force  under
the provisions of AFI 36-3208 (Misconduct)  with  a  general  (under
honorable conditions) discharge in the grade of airman  first  class
with an RE code of 2B (Separated with a general or under other  than
honorable conditions).  He was credited with 5 years, 4 months,  and
14 days of active service.

On 26 Oct 98, the Air Force Discharge Review Board (AFDRB)  upgraded
applicant’s discharge to honorable (see Exhibit C).

On 26 Oct 98, applicant’s RE code was changed to  2C  (Involuntarily
separated with an honorable discharge;  or  entry  level  separation
without characterization of service).

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief,  Skills  Management  Branch,  AFPC/DPPAE,  reviewed  this
application and indicated that  the  applicant’s  appeal  should  be
denied.  The AFDRB  reviewed  his  case  and  determined  that   his
discharge should be upgraded to more accurately reflect the  quality
of his service.  Furthermore, the upgrade of  his  discharge  should
not be interpreted as condoning his misconduct.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  applicant  on
27 Oct 00 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.   We  took
note of the applicant’s complete submission in judging the merits of
the  case.   In  this  regard,  we   note   that   the   applicant’s
characterization of discharge was upgraded to honorable by  the  Air
Force Discharge Review Board and that his RE code  was  subsequently
changed to RE-2C to correspond with the upgraded  discharge.   After
careful consideration of the facts surrounding the circumstances  of
the  applicant’s  discharge  and  the  evidence  provided   by   the
applicant, we are not persuaded that further upgrade of his RE  code
is warranted at this time.  Accordingly, his  request  that  his  RE
code be changed 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 11 January 2001, under the  provisions  of  Air
Force Instruction 36-2603:

                  Mr. Gregory H. Petkoff, Panel Chair
                  Mr. George Franklin, Member
                  Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 13 Jul 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  AFDRB Hearing Record, dated 26 Oct 98, w/atchs.
     Exhibit D.  Letter, AFPC/DPPAE, dated 13 Oct 00.
     Exhibit E.  Letter, AFBCMR, dated 27 Oct 00.




                                   GREGORY H. PETKOFF
                                   Panel Chair