RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-00838
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed so that he can
reenlist in the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While going through the discharge process, it was explained to him
that with his current RE code, he was eligible to enlist in all
other branches of the service other than the Air Force. When he
talked to the recruiters recently, he was told that he must get the
RE code changed to one that can be waived. For the past five years,
he has worked with the Housing Authority’s Police Force as a private
investigator and as a weapons instructor. Throughout this time, he
has always tried to maintain the military discipline he was taught
while in basic training. He asks that he be given the chance to
prove himself and to repay a bit of the opportunities that the men
and women who have worn the uniforms of the Armed Forces earned by
taking his place in the wall that defends our country.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 18 May 95, the applicant enlisted in the Regular Air Force
(RegAF) for a period of four years in the grade of airman basic.
On 29 Jun 95, applicant was notified that his commander was
recommending that he be discharged from the Air Force for fraudulent
entry. The reason for the commander’s action was that applicant
intentionally concealed arrests by civilian authorities, which if
revealed, could have resulted in rejection of his enlistment.
Specifically:
a. On 27 Jun 93, he was arrested for receiving stolen
property.
b. On 10 Sep 93, he was arrested for possession of
criminal tools and receiving stolen property/motor vehicle.
c. On 22 Feb 94, he was arrested for receiving stolen
property/motor vehicle.
d. On 7 Jun 95, he was arraigned on charges of
receiving stolen property and motor vehicle and failure to comply
and given a court date of which he failed to appear. A warrant for
his arrest was issued on 29 Jun 95.
e. He would not have been allowed to enlist in the Air
Force had this information been revealed to his recruiter at the
time of his enlistment.
After consulting with counsel, applicant submitted statements for
consideration.
On 25 Jul 95, the applicant was separated with an entry level
separation under the provisions of AFI 36-3208 (Fraudulent Entry
Into Military Service) with an uncharacterized character of service
and an RE code of 2C (Involuntarily separated with an honorable
discharge; or entry level separation without characterization of
service). He served 2 months and 1 day total active service but
received no credit for this time due to his fraudulent entry. He
had lost time from 27 Jun through 29 Jun 95.
Pursuant to the Board’s request, the Federal Bureau of Investigation
(FBI), Clarksburg, West Virginia, provided an investigative report
which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
The Assistant Noncommissioned Officer-in-Charge (NCOIC), Separation
Procedures Section, AFPC/DPPRS, reviewed this application and
indicated that based on the documentation in the file, the discharge
was consistent with the procedural and substantive requirements of
the discharge regulation at that time. Additionally, the discharge
was within the sound discretion of the discharge authority. The
applicant did not identify any errors or injustices that occurred in
the discharge processing. He provided no other facts warranting a
change in his separation code. Accordingly, DPPRS recommends his
records remain the same and his request be denied.
A complete copy of the Air Force evaluation is attached at
Exhibit D.
The Special Programs and AFBCMR Manager, AFPC/DPPAES, also reviewed
this application and indicated that they conducted a review of
applicant’s case file. The RE code 2C is correct. The applicant
was involuntarily separated with his character of service listed as
uncharacterized.
A complete copy of their evaluation is attached at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to applicant on
18 May 01 for review and response. As of this date, no response has
been received by this office.
On 13 Jul 01, a copy of the FBI report was forwarded to applicant
for review and response. The Board requested applicant provide
additional evidence pertaining to his post-service activities
(Exhibit G). 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 to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of probable error or injustice. We have
reviewed the applicant’s entire record and the circumstances
surrounding his separation from the Air Force in 1995. If, as he
asserts, he has overcome his difficulty, then we applaud him.
However, members separated from the Air Force are furnished an RE
code predicated upon the quality of their service and the
circumstances of their separation. Applicant’s RE code accurately
defines the circumstances of his separation. In view of the above,
we have no basis on which to make any changes to the record; thus,
we find no compelling reason to grant the request.
4. We note the letters of recommendation provided from applicant’s
Military Personnel Records from 1995. However, he has furnished
limited current information on his activities since leaving the
service. Should be provide current information, i.e., statements
from his employers (past and present), letters from responsible
persons who know him well and can attest to his character and
standing in the community, and, if available, a police clearance, we
would be willing to reconsider his 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 30 August 2001, under the provisions of Air
Force Instruction 36-2603:
Mr. Patrick R. Wheeler, Panel Chair
Ms. Martha Maust, Member
Mr. Philip Sheuerman, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Mar 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 17 Apr 01.
Exhibit E. Letter, AFPC/DDPPAES, dated 23 Apr 01.
Exhibit F. Letter, AFBCMR, dated 18 May 01.
Exhibit G. Letter, AFBCMR, dated 13 Jul 01, w/atchs.
PATRICK R. WHEELER
Panel Chair
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