RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 02-00157
INDEX CODE 100.06 110.02
COUNSELS: None
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
His 1985 general discharge be upgraded to honorable and his
reenlistment eligibility (RE) code of “2B” (Separated with a general
or under-other-than-honorable conditions discharge) be changed so that
he can enlist in the Army.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was a naïve 21-year-old and has no excuse for his stupidity. He
believes his commander took advantage of his youth and fears. He wants
to serve his country. He provides two character references as
support.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 17 Jun 82. During
the period in question, he was a sergeant assigned to the 392nd
Information Systems Group at Vandenberg AFB, CA as a
telecommunications operator/center specialist. His Enlisted
Performance Reports (EPRs) reflect overall ratings of 9.
In the course of an investigation, the applicant made a sworn
statement on 27 Feb 86 to the Office of Special Investigations (OSI)
that he had engaged in homosexual acts with another male while in the
Vandenberg dormitory in Jul 85. As a result, his NCO status was
vacated and he received a Letter of Reprimand (LOR) on 14 Apr 86.
On 22 Apr 86, the applicant’s commander recommended him for general
discharge for commission of a serious offense, specifically, sodomy.
The applicant consulted counsel but waived his right to submit
statements. The case was found legally sufficient on 23 Apr 86 and,
on 29 Apr 86, the discharge authority directed the applicant’s
separation.
The applicant was separated on 5 May 86 in the grade of airman first
class with a general discharge for Misconduct-Other Serious Offenses,
and an RE code of “2B.” He had 3 years, 8 months and 19 days of
active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS provided their rationale for recommending denial.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPAE confirmed that the applicant’s RE code is correct.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 21 Jun 02 for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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 error or injustice. After a thorough review of the
evidence of record and applicant’s submission, we are not persuaded
that his discharge should be upgraded and his RE code changed.
Applicant’s contentions are duly noted; however, we do not find these
uncorroborated assertions, in and by themselves, sufficiently
persuasive to override the rationale provided by the Air Force. We
therefore agree with the recommendations of the Air Force and adopt
the rationale expressed as the basis for our decision that the
applicant has failed to sustain his burden of having suffered either
an error or an injustice. In view of the above and absent persuasive
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 this application in
Executive Session on 6 August 2002 under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Billy C. Baxter, Member
Mr. James W. Russell, Member
The following documentary evidence relating to AFBCMR Docket Number 02-
00157 was considered:
Exhibit A. DD Form 149, dated 28 Dec 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 25 Feb 02.
Exhibit D. Letter, HQ AFPC/DPPAE, dated 13 Jun 02.
Exhibit E. Letter, SAF/MRBR, dated 21 Jun 02.
MICHAEL K. GALLOGLY
Panel Chair
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBERS: 01-02264 INDEX CODE 100.06 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code be changed from “2C” (Involuntarily separated with an entry level separation without characterization of service) to “1B” [sic – There is no “1B” RE code. A complete copy of the evaluation is at...
AF | BCMR | CY2003 | BC-2002-02302
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02302 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The characterization of his discharge be upgraded from general (under honorable conditions) to honorable and the narrative reason for separation and reentry (RE) code be changed to allow him to serve his country once again. ...
AF | BCMR | CY2003 | BC-2003-01156
On 26 August 1980, the applicant received notification that he was being recommended for discharge. - 6 August 1980, Notification of Intent to Vacate Suspended 15 May 1980 Nonjudicial Punishment (Article 15) for failure to go to appointed place of duty, on or about 3 August 1980, in violation of Article 86, UCMJ. Applicant's request for upgrade of his discharge to honorable was denied by the Air Force Discharge Review Board (AFDRB) on 28 May 1991.
AF | BCMR | CY2004 | BC-2003-02860
The Recommendation Letter and Legal Review could not be found in the available records. As he has provided no facts warranting a change in his discharge, denial is recommended. After a thorough review of the evidence of record, we conclude the general discharge was appropriate given the applicant’s misconduct and that the RE code, which was driven by the discharge, is correct.
AF | BCMR | CY2003 | BC-2002-04057
On 16 February 1984, the applicant received notification that he was being recommended for discharge for misconduct. On 13 March 1984, the discharge authority approved the recommended separation and directed that the applicant be issued a general discharge. On 3 March 1985, the applicant applied to the Air Force Board for Correction of Military Records (AFBCMR) to have his RE code of 2B changed.
In his 13 years of service, he never received an Article 15 or any such reprimands. The application was timely filed. Exhibit C. AFDRB Hearing Record, dated 3 Apr 01, w/atch.
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00241 INDEX CODE 100.06 COUNSEL: American Legion HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code be changed from 2B to 3A so that he may pursue a career in the U. S. Army. The evidence of records supports the stated reasons for the applicant's ineligibility to reenlist and we are...
AF | BCMR | CY2003 | BC-2003-00438
The following information was obtained from the Air Force Discharge Review Board (AFDRB) Hearing Record. On 17 Nov 00, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for a change to the reason and authority for the discharge. After careful review of the available records and the information contained in the Air Force Discharge Review Board Hearing Record, the applicant’s discharge appears to be in compliance with the governing Air Force...
AF | BCMR | CY2003 | BC-2003-01523
In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. He was separated from the Air Force on 20 December 2000 with a general (under honorable conditions discharge and issued an RE code of “2B”. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale...
AF | BCMR | CY2004 | BC-2003-03877
In support of his appeal, applicant submitted a copy of a letter from his squadron commander to the wing staff judge advocate, dated 25 Jun 01, outlining why the applicant did not meet retention requirements. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. ___________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be...