RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00156
                       INDEX CODE:  110.00
      APPLICANT  COUNSEL:  NYS Division VA

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant requests that the reenlistment code  (RE)  she  received  be
changed or waived to allow her to reenter military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since her reason for discharge was changed her RE code should also  be
changed to allow her to reenter military service.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 31 Jan 96 for a  period
of four years.

On 27 Aug 96, applicant was notified  of  her  commander’s  intent  to
recommend her for an Under Honorable  Conditions  (General)  Discharge
for commission of a serious offense and other serious offenses.

The commander stated the following reasons for the proposed discharge:
 the applicant did, at or near Lackland Air Force Base, Texas,  on  or
about 26 Jun 96, willfully and unlawfully alter  a  public  record  to
wit:  by circling “No Drill/March, No Walk/Stand Over 10  Minutes,  No
Bend/Stoop, No Night Details” and by changing the expiration  date  of
restriction on WHMC Form 2698.   The  applicant  received  Article  15
punishment, dated 19 Jul 96, that consisted  of  a  reduction  to  the
grade of Airman Basic with a new date of rank of 12 Aug 96.

The commander advised applicant of her right to consult legal counsel;
present her case to an administrative discharge board; be  represented
by legal counsel at a board hearing;  submit  statements  in  her  own
behalf in addition to, or in lieu of, the
board hearing;  or  waive  the  above  rights  after  consulting  with
counsel.

The commander indicated in his  recommendation  for  discharge  action
that if approved,  the  discharge  would  be  described  as  an  Under
Honorable  Conditions  (General)  Discharge  and  applicant  would  be
ineligible for reenlistment in the Air Force.

On 17 Sep 96,  after  consulting  with  counsel,  applicant  submitted
statements for consideration for retention in the Air Force.

A legal review was conducted on 25 Sep 96 in  which  the  staff  judge
advocate  recommended  the  applicant  be  discharged   with   service
characterized  as  Under  Honorable   Conditions   (General)   without
probation and rehabilitation.

Applicant was discharged on 18 Oct 96, in the grade  of  Airman  Basic
with a Under Honorable Conditions (General) Discharge,  in  accordance
with AFPD 36-32 and AFI 36-3208, Paragraph  5.52.3,  Commission  of  a
Serious Offense, Other Serious Offenses.  She  served  a  total  of  8
months, 18 days of active service.

Applicant appealed to the Discharge Review Board (DRB) in  Feb  99  to
have  her  discharge  upgraded  to  honorable.  The  DRB  on 5 Oct 99,
granted the request to upgrade the discharge to honorable, the  reason
for separation now would read “Secretarial Authority,” with  SPD  code
of “KFF,” and the reenlistment code would be changed to “2C.”

_________________________________________________________________

AIR FORCE EVALUATION:

The  Special  Programs  and  AFBCMR  Manager,  Directorate,  Personnel
Program Management, AFPC/DPPAE, reviewed the  application  and  states
the  applicant’s  commander  was  within  his  rights  to  involuntary
discharge the applicant.  They further state that  the  applicant  has
not demonstrated that  the  discharge  was  inappropriate  or  not  in
compliance with the Air Force policy.  DPPAE  recommends  denying  the
requested relief.

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 the applicant on 2
Mar 01, 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.    Sufficient relevant evidence has been presented to  demonstrate
the existence of probable error or  injustice.   While  the  RE  code
assigned to the applicant, at the time, was technically  correct  and
in accordance with  the  governing  regulation,  the  Board  majority
believes it would be an injustice for the applicant  to  continue  to
suffer  its  effects  considering  the  applicant  appealed  to   the
Discharge Review Board to have her discharge  upgraded  and  the  DRB
upgraded the discharge on the basis that the characterization for the
discharge was too harsh for the misconduct.  It is noted  that  DPPAE
recommended  not  changing  the  reenlistment  code,  but  the  Board
majority  believes  that  the  applicant  should  be   afforded   the
opportunity to apply for a waiver to enlist in  the  armed  services.
Whether or not she is successful will depend  on  the  needs  of  the
service and our recommendation in no way guarantees that she will  be
allowed to return to the Air Force or  any  branch  of  the  service.
Therefore, we recommend her reenlistment code be changed to “3K.”

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that  at  the  time  of  her
discharge on 18 October 1996, she was issued a Reenlistment Eligibility
Code (RE) of “3K.”

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 May 2001, under the provisions of AFI 36-2603:

                         Mr. Teddy L. Houston, Panel Chair
                         Mr. John L. Robuck, Member
                         Mr. Edward H. Parker, Member

By majority vote, the Board recommended granting the application.  Mr.
Robuck voted to deny correcting the records but he does not desire  to
submit a Minority Report.   The  following  documentary  evidence  was
considered:

   Exhibit A.  DD Form 149, dated 1 Nov 00, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 16 Feb 01.
   Exhibit D.  Letter, SAF/MIBR, dated 2 Mar 01.




                       TEDDY L. HOUSTON
                       Panel Chair






AFBCMR 01-00156
INDEX CODE:  110.00




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 at the time of  her  discharge
on 18 October 1996, she was issued a Reenlistment Eligibility Code (RE)
of “3K.”




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency