RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02003, Cse 2
INDEX CODE: 100.06
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed to allow him
possible entry into the Air Force Reserve.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Changing his RE code would aid him in exploring a career in the Air
Force Reserves upon receiving his associate's degree.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged with a general (under honorable
conditions) discharge on 16 May 90. He served 2 years and 5 months of
active service. He received an RE code of 2B, "Separated with a
general or under other than honorable conditions (UOTHC) discharge.
The applicant applied to the Air Force Board for Correction of
Military Records (AFBCMR) in Jul 00 to upgrade his discharge to
honorable. The AFBCMR in Dec 00 upgraded his general (under honorable
conditions) discharge to an honorable discharge. The applicant's RE
code was changed to a 2C, "Involuntarily separated with an honorable
discharge; or entry level separation without characterization of
service."
_________________________________________________________________
AIR FORCE EVALUATION:
The Directorate of Personnel Program Management, HQ AFPC/DPPRS,
evaluated applicant's request and provided an advisory opinion to the
Board recommending the application be denied on the basis
that regardless of the fact the AFBCMR upgraded his discharge, he was
still involuntarily separated (Exhibit C).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states the reasons
he is ineligible for reenlistment is that he received two Article 15s,
one was for driving his privately owned vehicle without proper
insurance coverage on base. The applicant resubmitted the letter from
the insurance company stating he did have insurance on his vehicle.
He received the other Article 15 for failing to go to his appointed
place of duty. He states that he did, in fact, go to work the day in
question but did not arrive until noon. He feels the wording on the
Article 15s should have been worded differently, thus possibly
lessening the severity of his punishment (Exhibit E).
_________________________________________________________________
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. After careful
consideration of the circumstances of this case and the evidence
provided by the applicant, we are not persuaded that the reenlistment
code he received was in error or unjust. Applicant’s contentions are
duly noted; however, we agree with the opinion and recommendation of
the Air Force and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. Although the applicant's discharge was upgraded the
reenlistment code he received is appropriate. The reenlistment code
he received indicates that the member was either separated
"Involuntarily with an honorable discharge; or an entry level
separation without characterization of service." The applicant was
involuntarily separated due to misconduct. Therefore, in the absence
of evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this 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 October 23, 2001, under the provisions of AFI 36-
2603:
Ms. Patricia D. Vestal, Panel Chair
Mr. Billy C. Baxter, Member
Mr. Mike Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jul 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 12 Sep 01.
Exhibit D. Letter, SAF/MIBR, dated 21 Sep 01.
Exhibit E. Applicant's Response, dated 2 Oct 01.
PATRICIA D. VESTAL
Panel Chair
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