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AF | BCMR | CY2002 | 0102664
Original file (0102664.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-02664

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment  Eligibility  (RE)  Code  be  upgraded  to  allow  him  the
opportunity to reenlist into the military.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The disciplinary actions taken against him for an incident that occurred  on
13 December 1998 were extreme.

The applicant states that the Air Force Discharge Review Board  (AFDRB)  has
upgraded his discharge; however, they were unable to upgrade his RE Code.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant reenlisted in the Regular Air Force on 1 October  1998  for  a
period of six  years.   His  Total  Active  Federal  Military  Service  Date
(TAFMSD) is 28 September 1995.

On 5 April 1999, the Office of  Special  Investigation  (OSI)  completed  an
investigation into the applicant’s alleged aggravated assault of a  civilian
during which he allegedly shot the civilian.

On 26 April 1999, he was charged  with  two  specifications  of  carrying  a
concealed  weapon  and  one  specification  of  making  a   false   official
statement, in violation of Articles 134 and  107  of  the  Uniform  Code  of
Military  Justice  (UCMJ).   Specifically,  that  he  unlawfully  carried  a
concealed  weapon  (i.e.,  9mm  handgun)  on  13 December  1999;   that   he
unlawfully carried a concealed weapon (i.e., 38 caliber pistol and  a  speed
loader with five rounds) on 6 January 1999; and  that  on  6  January  1999,
with intent to deceive, he made a false official statement to an  OSI  agent
by denying that he had purchased or owned a 9mm semi-automatic  handgun,  or
that he had shot anyone.

He  requested  discharge  in  lieu  of  court-martial  on  4  May  1999  and
acknowledged that  if  his  request  was  approved,  his  service  would  be
characterized as Under Other than Honorable Conditions (UOTHC).

The discharge authority approved his request for discharge on 14 May 1999.

He was discharged on 8  June  1999  under  the  provisions  of  AFI  36-3208
(Discharge in Lieu of Court Martial), with service characterized  as  UOTHC,
and  was  issued  an  RE  Code  of  2B  (Separated  with  General  or  UOTHC
discharge).  He completed 3 years, 8 months, and 10 days of active service.

On 1 February 2002, the Air Force Discharge Review Board (AFDRB)  considered
the applicant’s requests that his discharge be upgraded  to  honorable,  the
reason and authority for his discharge  be  changed,  and  his  RE  Code  be
changed.  The AFDRB found no impropriety to warrant upgrading his  discharge
to honorable; however, they found that his character  of  service  was  more
appropriately described as general.  The AFDRB denied the remainder  of  his
requests.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE has reviewed the applicant’s case file and states, in part,  that
the RE Code of 2B is correct.

The AFPC/DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and provides a  copy  of  his  present
employment job description and extracts from his records.

The applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice to warrant upgrading his RE  Code.  In  this
respect, we note that the applicant’s discharge appears to be in  compliance
with the governing Air Force Instruction  in  effect  at  the  time  of  his
separation and that he was afforded all the rights to  which  entitled.   We
note that  the  Air  Force  Discharge  Review  Board  has  upgraded  to  the
characterization of the applicant’s  service  to  general  (under  honorable
conditions).  However, he provides  no  evidence  that  his  separation  was
inappropriate or that  the  assigned  RE  Code  reflecting  his  involuntary
separation was in error or unjust.  There  being  insufficient  evidence  to
the contrary, we find no compelling basis to recommend granting  the  relief
sought.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  01-02664  in
Executive Session on 15 August 2002, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. Billy C. Baxter, Member
                       Mr. Philip Sheuerman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Aug 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 28 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Jun 02.
      Exhibit E.  Applicant’s Response, w/atchs.



                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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