Search Decisions

Decision Text

AF | BCMR | CY2001 | 0002780
Original file (0002780.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02780
                       INDEX CODE:  110.00
      APLICANT   COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant requests his reenlistment eligibility code (RE)  be  changed
to allow him entry into the Air National Guard (ANG)

_________________________________________________________________

APPLICANT CONTENDS THAT:

The misconduct he committed was attributed  to  his  being  young  and
immature.  It has been 17 years since he was in the Air Force  and  he
has with time and age matured and has developed an excellent  standing
in the community, with his peers  and  work.   He  requests  that  the
mistakes of his youth not be held against him; he would like  to  give
back to his community and country by serving in the ANG.

In support of his appeal, the applicant submitted statements from  co-
workers and friends.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Oct 81 for a  period
of six years.

On 22 Aug  83,  the  applicant’s  commander  initiated  administrative
separation proceedings against  the  applicant  for  misconduct.   His
misconduct consisted of failure to go to work on time,  two  instances
of financial irresponsibility and violation of base driving privileges
and conviction in civilian court of intentional  damage  to  property.
The commander did not recommend  probation  and  rehabilitation.   The
applicant consulted counsel and submitted a written statement.  On  16
Sep 83, the discharge was approved.

On 20 Sep 83 the applicant while serving in the grade of airman  first
class was discharged from the Air Force for a pattern  of  misconduct.
He received an under honorable  conditions  (general)  discharge.   He
served 1 year, 10 months and 24 days of active military  service.   He
was issued an RE code of 2B.

Pursuant to the Board’s request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

The Military Personnel  Specialist,  Separations  Branch,  AFPC/DPPRS,
reviewed this application and states that based upon the documentation
in the file the discharge  was  consistent  with  the  procedural  and
substantive requirements of the  discharge  regulation  and  discharge
authority.  DPPRS recommends not granting the requested  relief.   The
applicant has not submitted any new evidence to identify that  he  was
subject to an error or injustice regarding his  discharge.   Also,  he
did not provide any facts that would warrant a change  in  his  reason
for discharge or separation code.

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

The  Special  Programs  and  AFBCMR  Manager,  Directorate,  Personnel
Program Management, AFPC/DPPAES, also  reviewed  the  application  and
states the reenlistment code 2B is the applicable code  for  a  member
separated involuntarily with less than an honorable discharge.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations and the FBI report were  forwarded
to the applicant on 15 Dec 00 and 21 Dec 00, respectively, 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 not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure of timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  probable  error  or  injustice.    After   careful
consideration of the circumstances  of  this  case  and  the  evidence
provided by the applicant, we are not  persuaded  that  the  discharge
action and resulting reenlistment code he received were  in  error  or
unjust.  Applicant’s contentions are duly  noted;  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.   Although  the  applicant
contends his misconduct was attributed to his age and  immaturity,  we
find his discharge was  consistent  with  procedural  and  substantive
requirements  of  the  discharge  regulation  with   the   appropriate
reenlistment code attached.  Applicant presented insufficient evidence
of post-service activities  or  accomplishments.   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 14 February 2001, under the provisions of AFI 36-
2603:

            Ms. Patricia J. Zarodkiewicz, Panel Chair
            Mr. Albert F. Lowas, Member
            Mr. Thomas J. Topolski, Jr., Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, undated, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Report.
      Exhibit D. Letter, HQ AFPC/DPPRS, dated 22 November 2000.
      Exhibit E. Letter, HQ AFPC/DPPAES, dated 29 November 2000.
      Exhibit F. Letter, SAF/MIBR, dated 15 December 2000.




                             PATRICIA J. ZARODKIEWICZ
                             Panel Chair

Similar Decisions

  • AF | BCMR | CY2000 | 0000152

    Original file (0000152.doc) Auto-classification: Denied

    The recommendation for discharge for misconduct was approved and the commander directed that applicant be given an under honorable conditions (general) discharge. On 23 Dec 83, the applicant was discharged under the provisions of AFR 39- 10 (Misconduct-Pattern of Minor Disciplinary Infractions) in the grade of airman first class with an under honorable conditions (general) discharge and an RE code of 2B (Separated with other than an honorable discharge). Exhibit D. Letter, AFPC/DPPRS,...

  • AF | BCMR | CY2001 | 0003141

    Original file (0003141.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-03141 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general discharge be upgraded and his Reenlistment Eligibility (RE) code be changed from “2B” to “3A.” _________________________________________________________________ APPLICANT CONTENDS THAT: His discharge was inequitable and his service should have...

  • AF | BCMR | CY2003 | BC-2003-00959

    Original file (BC-2003-00959.doc) Auto-classification: Denied

    The person told him that he would be able to reenlist as his discharge was a General discharge. On 26 June 2002, applicant was notified that he was being discharged under the auspices of Air Force Instruction (AFI) 36-3208, for unsatisfactory duty performance and minor disciplinary infractions. After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertions of an increase in maturity, in and of itself, sufficiently...

  • AF | BCMR | CY1999 | 9801778

    Original file (9801778.doc) Auto-classification: Denied

    The applicant was discharged on 23 July 1982 in the grade of airman with a general characterization and an RE code of “2B” (Separated with other than an honorable discharge). The discharge complied with directives in effect at the time, the applicant’s military service was reviewed and appropriate action was taken. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his discharge or RE code should be upgraded.

  • AF | BCMR | CY1999 | 9802991

    Original file (9802991.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 98-02991 INDEX CODE: 100.06 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment eligibility (RE) code of 2X be changed to one that will allow her entry into the Air Force or Air Force Reserve. A complete copy of the evaluation is at Exhibit...

  • AF | BCMR | CY2000 | 0001450

    Original file (0001450.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-01450 INDEX NUMBER: 100.03; 110.02 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The narrative reason for his separation, and his reenlistment eligibility (RE) code of 2C be changed to allow him to enlist in the Air National Guard (ANG) or Air Force Reserve. Their evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: Copies of the Air Force evaluations...

  • AF | BCMR | CY2000 | 0001883

    Original file (0001883.doc) Auto-classification: Denied

    A copy of the AFDRB Hearing Record is appended at Exhibit C. Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit D. _________________________________________________________________ AIR FORCE EVALUATION: The Separations Branch, HQ AFPC/DPPRS, stated that the discharge was consistent with the procedural and substantive requirements of the discharge regulation at the time of his discharge from...

  • AF | BCMR | CY1999 | 9801448

    Original file (9801448.doc) Auto-classification: Approved

    While the RE code assigned to the applicant, at the time, was correct and in accordance with regulation, we believe it would be an injustice for applicant to continue to suffer its effects in the way of enlistment opportunities in the armed forces in view of his accomplishments since leaving the service and the support provided with his application. Accordingly, we recommend that the records be corrected as indicated below. Exhibit B.

  • AF | BCMR | CY2003 | BC-2003-00972

    Original file (BC-2003-00972.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00972 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be upgraded to allow his enlistment in the Armed Forces. In support of the appeal, the applicant submits letters of recommendation. The AFPC/DPPAE evaluation is at Exhibit...

  • AF | BCMR | CY2007 | BC-2007-01860

    Original file (BC-2007-01860.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01860 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: Dec 15, 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment code of “2C” (involuntarily separated under AFR 39-10 with an honorable discharge; or entry-level separation without characterization of service) be changed or removed. ...