RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00973
INDEX CODE: 110.00
APPICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed to allow him to
enlist in the Army.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His misconduct while on active duty was detrimental to good order and
discipline of the Air Force, but it was not criminal in nature nor did
it reflect negatively on the Air Force. His immaturity contributed to
resentment and a personality conflict with an individual who demanded
respect but no way tried to earn it. He desires to serve his county
in the US Army and upgrading his RE code will aid him in pursuing his
dream.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force as an airman basic on 1
Jul 94 for a period of four (4) years.
On 26 Jul 96, the applicant's commander recommended him for discharge
for unsatisfactory duty performance and misconduct. The reasons for
the discharge action are:
a. On 13 Jan 95, the applicant was late for work and
received a record of individual counseling.
b. The applicant, on 6 Feb 95, reported late for work and
received a record of individual counseling.
c. On 17 May 95, the applicant received a letter of
reprimand for failure to go to his appointed place of duty.
d. The applicant on 18 Jul 95, failed to report to his
place of duty at the appointed time and received a letter of reprimand
and an unfavorable information file was established.
e. On 17 Aug 95, the applicant failed to properly
inventory and account for tools in his toolbox. He received a record
of individual counseling on 22 Aug 95 for this incident.
f. On 29 Aug 95, the applicant received a record of
individual counseling for not properly accounting for tools in his
toolbox on 28 Aug 95.
g. On 11 Oct 95, the applicant received a record of
individual counseling for not completing Volume II of his CDC's on
time.
h. On 4 Jan 96, the applicant failed to complete Volume
IV of his CDC's on time and received a letter of reprimand on 7 Feb
96.
i. On 6 May 96, the applicant failed to pay a debt to
AAFES and received a letter of reprimand on 14 May 96.
j. The applicant, on 4 Jun 96, intentionally made a false
statement to SSgt Y. P. and on 5 Jun 96, he failed to go to his
appointed place of duty. For these incidents he received an Article
15 on 28 Jun 96.
k. The applicant failed a dorm room inspection on 16 Jul
96 and received a letter of reprimand on 19 Jul 96.
l. The applicant, on or about 24 Jul 96, received a
failing score of 57 on his Career Development End of Course Test.
The applicant was discharged on 9 Aug 96, for misconduct and received
an under honorable conditions (general) discharge. He served 2 years,
1 month and 9 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS states based upon the information in the applicant's
case file, they believe his discharge was processed within the
procedural and substantive requirements of the discharge regulation
and his discharge was within the sound
discretion of the discharge authority. They further state the
applicant has not submitted any new evidence identifying any errors or
injustices that occurred during the processing of his discharge. They
recommend denying the requested relief (Exhibit C).
HQ AFPC/DPPAE states the applicant received a reenlistment eligibility
code of "2B," indicating the member was separated with a general or
under other than honorable conditions discharge which is correct
(Exhibit D).
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
7 Jun 02, for review and response. 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 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 discharge action and the
resulting reenlistment code he received were 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. The applicant admits while on active
duty his misconduct was detrimental to good order and discipline of
the Air Force, and while it was not criminal in nature, his misconduct
did not exhibit the integrity, character, and professionalism required
of a member in the Air Force. Therefore, based on the applicant's
overall performance while on active duty, it would appear the reason
he was issued the contested RE code is substantiated. In view of the
above and 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 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 22 August 2002, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Laurence M. Groner, Member
Mr. George Franklin, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Mar 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 4 Apr 02.
Exhibit D. Letter, HQ AFPC/DPPAE, dated 28 May 02.
Exhibit D. Letter, SAF/MRBR, dated 7 Jun 02.
RICHARD A. PETERSON
Panel Chair
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