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
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