RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03249
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The debt that he failed to timely pay resulted from charges on his  military
credit card (American Express) during temporary duties (TDYs) the summer  of
1996.  The first TDY was to Korea.  This was not  an  annual  tour  and  the
money he  received  from  his  TDY  voucher  covered  the  majority  of  his
expenses.  The next TDY was to Japan and  this  was  considered  his  annual
tour.  He did not receive an amount of pay similar to his Korean  tour.   In
addition, he had an unusually high telephone bill from calling his  wife  in
Shreveport.  The TDYs together resulted in a  significant  shortage  between
his  credit  card  bill  and  what  he  received  from  the  Air  Force   as
reimbursement.

In order to resolve and pay the debt to American Express he decided to  work
man days to earn extra money.  He then was informed  that  since  he  had  a
debt with American Express he was ineligible to work extra man days.

During this time period he had  left  employment  with  the  C---  Sheriff’s
Department and joined the  S---  Police  Department.   This  resulted  in  a
$600.00 per month decrease in pay.

The first corrective action he received was a loss of man days.  The  second
corrective action was a counseling session December 1996.  In  January  1997
at his UTA he was handed discharge papers.






He states that he did his job well and had  no  disciplinary  actions  until
his credit card problem.  He has paid the American Express credit  card  and
has continued employment with the Shreveport Police Department.

In support of his appeal, the applicant provided a copy of Reserve Order  A-
121, dated 28 April 1997, letter from  American  Express,  dated  3  October
1997, and three character reference letters.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question, the applicant enlisted in the Air  Force
Reserve on 15 October 1993 in the grade of staff sergeant for  a  period  of
four (6) years.

The applicant was notified of his commander's intent to  initiate  discharge
action against him for a pattern of misconduct - failure to pay  just  debt.
The specific reason follows:

      On 7 December 1996  and  4  January  1997,  the  applicant  wrongfully
failed to pay the balance due of $994 on  his  Government  American  Express
card account.  He has two letters of reprimand and a  letter  of  counseling
documenting the unit’s effort to rehabilitate  him.   In  addition,  he  has
been counseled on two occasions about being late for work.

The commander indicated in his recommendation for discharge action  that  he
had personally counseled the applicant and presented him with  documentation
concerning his misconduct and his efforts had no positive impact.

On 25 February 1997, the Staff  Judge  Advocate  recommended  administrative
action be initiated against  the  applicant  as  proposed  by  his  squadron
commander.

A legal review was conducted by JA,  Chief,  Administrative  Law,  and  they
recommended  that  the  applicant  be  discharged  with  a  general   (under
honorable conditions) discharge.

Applicant was discharged on 13 May 1997, in the grade of airman  basic  with
a general (under honorable conditions) discharge, under  the  provisions  of
AFI 36-3209, paragraph 3.21.2, Misconduct-Pattern of Misconduct, Failure  to
Pay Just Debt.  He served a total of 3 years, 6 months, and 28 days  on  his
last enlistment and 9 years, 4 months and 3 days of total military service.


On 20 March 2001, the Air Force Discharge Review  Board  (AFDRB)  considered
and granted applicant’s  request  for  an  upgrade  of  his  discharge  from
general (under honorable conditions) to an honorable discharge  and  changed
the narrative reason for discharge from Pattern of Misconduct -  Failure  to
Pay Just Debts to Secretarial Authority.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/DPML indicated that based upon  the  recommendation  of  the  Discharge
Review Board and under the directions of SAF/MRBR, they have  rescinded  the
applicant’s discharge order (RO-A-121, 28 April 1997)  and  reissued  a  new
one (RO A-040, 11 March 2002).  The new order reflects a  discharge  upgrade
to  Honorable  and  the  reason  for  discharge  as  Secretarial  Authority.
However, the applicant’s request  to  change  his  reenlistment  eligibility
status from ineligible to  eligible  for  reenlistment  was  not  addressed.
They do  not  recommend  approval  of  applicant’s  request  based  upon  an
approved  involuntary  discharge  for  his  misconduct.    If   the   AFBCMR
determines that administrative relief should be granted,  then  this  office
should be directed to amend or rescind the applicant’s  discharge  order  to
reflect a reenlistment eligibility status of eligible.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 April 2002, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and response within  thirty  (30)  days.   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 timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  an  error  or  an  injustice  warranting  a  change  in   the
applicant’s RE code.  In this respect, the majority notes  the  findings  of
the Air Force Discharge  Review  Board  (AFDRB)  upgrading  the  applicant’s
discharge to honorable conditions and changing the narrative reason for  the
applicant’s discharge to Secretarial Authority and the applicant’s  apparent
strong desire to serve his country.  In view of  the  foregoing,  the  Board
majority believes the applicant should be given the  opportunity  to  enlist
in the armed forces.  Whether or not he is successful will depend  upon  the
needs of the service and the majority’s recommendation in no way  guarantees
that he will be allowed to return to the Air Force  or  any  branch  of  the
armed forces.  Therefore, the  majority  recommends  that  his  reenlistment
eligibility record be corrected to reflect “eligible.”

_________________________________________________________________

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 13 May 1997  was
“eligible.”

_________________________________________________________________

The following members of the Board  considered  Docket  Number  00-03249  in
Executive Session on 21 May 2002, under the provisions of AFI 36-2603:

            Ms. Peggy E. Gordon, Panel Chair
            Mr. James W. Russell III, Member
            Mr. Albert F. Lowas, Member

By a majority vote, the Board recommended to grant the applicant’s  request.
 Mr. Russell voted to deny applicant’s request and does not wish  to  submit
a Minority Report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 December 2000, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFRC/DPML, dated 13 March 2002, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 5 April 2002.




                 PEGGY E. GORDON
                 Panel Chair






AFBCMR 00-03249





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 his reenlistment eligibility (RE) code,
issued in conjunction with his honorable discharge on 13 May 1997 was
“eligible.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency