Search Decisions

Decision Text

AF | BCMR | CY2001 | 0002805
Original file (0002805.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-02805
            INDEX NUMBER:  110.02; 100.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  separation  code  and  reenlistment  eligibility  (RE)   code   of   2C
(Involuntarily  separated  with  an  honorable  discharge;  or  entry  level
separation without characterization of service) be changed to allow  him  to
enlist in the Air Force Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust  and
the evidence submitted in support of the appeal are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letters prepared  by  the
appropriate offices of the Air Force.  Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The  Separations  Branch,  AFPC/DPPRS,   reviewed   this   application   and
recommended denial, stating that  the  discharge  was  consistent  with  the
procedural and substantive requirements of the discharge regulation and  was
within the sound discretion  of  the  discharge  authority.   The  applicant
provided no facts warranting a  change  in  the  reason  for  separation  or
separation code.  On 24 April  1997,  the  commander  initiated  involuntary
discharge against the applicant for substance abuse treatment failure.   The
case file was  reviewed  by  the  base  judge  advocate  and  found  legally
sufficient  to  support  the  discharge.   On  7  May  1997,  the  discharge
authority approved the recommendation for discharge and directed that he  be
given an honorable discharge.

A complete copy of the evaluation is at Exhibit C.

The Special Programs  and  AFBCMR  Manager,  AFPC/DPPAES,  stated  that  the
applicant’s RE code of 2C is correct.  He was involuntarily  separated  with
an honorable discharge on 16 May 1997.  The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the evaluations were forwarded to  the  applicant  on  16 February
and 23 March 2001, for review and response within 30 days (Exhibits E-1  and
E-2).  As of this date, he has not responded.

_________________________________________________________________

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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice warranting partial relief.   We  do
not find persuasive evidence that pertinent  regulations  were  violated  or
that the applicant  was  not  afforded  all  the  rights  to  which  he  was
entitled.  Considered alone, we  conclude  that  the  discharge  proceedings
were proper; and the RE code was appropriate to the existing  circumstances.
 However, consideration of this Board is not limited  to  the  events  which
precipitated the discharge and ensuing RE code.   We  have  a  Congressional
mandate which permits consideration of other factors.  In this instance,  we
note  that  other  than  the  events  which  precipitated  the   involuntary
discharge action, we have uncovered no acts  of  misconduct.   Moreover,  it
appears that, apart from his failure in substance abuse  treatment,  he  was
an exceptional  airman.   In  view  of  this,  we  believe  the  applicant’s
existing RE code is somewhat harsh because it does not allow him  to  pursue
his apparent desire to continue his military  career.   Therefore,  although
we do not believe that further changes  are  warranted,  we  do  believe  he
should be afforded the opportunity to apply for a waiver to  enlist  in  the
Air Force Reserve.  Whether or not he is successful in pursuing  a  military
career will depend on the needs of the Reserve and our recommendation in  no
way guarantees that he will be accepted.   In  view  of  the  foregoing,  we
recommend his records be corrected to the extent indicated below.

_________________________________________________________________

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 honorable discharge  on  16  May  1997,
was 3K.

_________________________________________________________________

The following members of the Board considered this application  in Executive
Session on 1 May 2001, under the provisions of AFI 36-2603:

            Mr. Robert W. Zook, Panel Chair
            Ms. Brenda L. Romine, Member
            Ms. Marcia J. Bachman, Member

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

      Exhibit A. DD Form 149, dated 8 Jan 2001, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 25 Jan 2001.
      Exhibit D. Letter, AFPC/DPPAES, dated 1 Feb 2001.
      Exhibit E. Letters, SAF/MIBR and AFBCMR, dated 16 Feb and
                 23 Mar 2001.



               ROBERT W. ZOOK
               Panel Chair





AFBCMR 00-02805



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, , be corrected to show that his reenlistment eligibility (RE)
code, issued in conjunction with his honorable discharge on 16 May 1997,
was 3K.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2001 | 0002965

    Original file (0002965.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02965 INDEX CODE: 110.00, 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code of 2C be changed to allow eligibility to reenter the Air Force. He requests additional information be provided concerning his discharge. A complete copy of this response is appended...

  • AF | BCMR | CY2001 | 0003095

    Original file (0003095.doc) Auto-classification: Approved

    The complete evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS: The applicant stated that at the time he was punished, he had a line number for promotion to E-5. Exhibit B. ROBERT W. ZOOK Panel Chair AFBCMR 00-03095 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...

  • AF | BCMR | CY2001 | 0102260

    Original file (0102260.doc) Auto-classification: Approved

    The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS stated that the applicant did not submit any new evidence or identify any errors or injustices that occurred in discharge processing. A complete copy of the evaluation is attached at Exhibit...

  • AF | BCMR | CY2002 | 0201354

    Original file (0201354.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01354 INDEX CODE: 100.06 . Accordingly, we recommend that the applicant’s RE code of 2C be changed to one requiring a waiver; that is, RE-3K (Reserved for use by HQ AFPC or the Air Force Board for Correction of Military Records (AFBCMR) when no other reenlistment eligibility code applies or is appropriate). Exhibit B.

  • AF | BCMR | CY2006 | BC-2006-02887

    Original file (BC-2006-02887.doc) Auto-classification: Approved

    Based on the circumstances of his discharge, they found no evidence or injustice; therefore, applicant’s RE code is correct. HQ AFPC/DPPAE’s complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 Nov 06 for review and comment within 30 days. ___________________________________________________________________ THE BOARD...

  • AF | BCMR | CY2001 | 0100242

    Original file (0100242.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-00242 INDEX NUMBER: 110.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His separation code and his reenlistment eligibility (RE) code 2C be changed to an eligible code so that he can reenlist and continue in the Air Force. _________________________________________________________________ AIR FORCE...

  • AF | BCMR | CY2001 | 0101710

    Original file (0101710.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-01710 INDEX CODE: 100.3 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code “2C” be changed so he can enlist in the Air National Guard. ___________________________________________________________________ APPLICANT CONTENDS THAT: He was unable to pass the Security Police...

  • AF | BCMR | CY2003 | BC-2003-00437

    Original file (BC-2003-00437.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00437 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of “2C” be changed to allow his enlistment into either the Army or Air Force. On 19 June 1998, he received an uncharacterized entry-level separation under the provisions of AFI 36-3208 (Fraudulent Entry into...

  • AF | BCMR | CY2000 | 0001415

    Original file (0001415.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-01415 INDEX CODE: 110.00, 112.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His discharge be upgraded and the reenlistment eligibility (RE) code be changed. ________________________________________________________________ AIR FORCE EVALUATION: The Chief, Medical Consultant, AFBCMR, reviewed the...

  • AF | BCMR | CY1999 | 9802602

    Original file (9802602.doc) Auto-classification: Approved

    On 16 Apr 98, he was honorably discharged in the grade of airman (E-2) under the provisions of AFI 36-3208 (unsatisfactory performance), with a separation code of “JHJ”. A copy of the AFDRB Hearing Record is appended at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: The Education and Training Branch, HQ AFPC/DPPAT, stated that after reviewing the applicant’s request, reconsideration of his separation code should be approved. RICHARD A....