RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01934
            INDEX CODE:  110.00, 112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general  (under  honorable  conditions)  discharge  be  upgraded  to  an
honorable discharge and his Reenlistment Eligibility (RE) code changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was seventeen (17) years old when he  enlisted  in  the  Air  Force.   He
states that he was trying to get away, not knowing what real  responsibility
or commitment was.   He  was  unable  to  understand  the  importance  of  a
structured organization and unwilling to put forth the effort  necessary  to
adapt.  Now over 20 years later, he regrets that  he  did  not  fulfill  his
commitment to the Air Force.    Since his discharge for the  past  13  years
he has been in the law enforcement career field.  He states that he  desires
to enlist in the Air National Guard

In support of his appeal, the applicant provided a  personal  statement  and
other documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 20 April 1981  in  the  grade
of airman basic for a period of 4 years.

On 1 December 1982, the applicant was notified of his commander's intent  to
initiate discharge action against him for  minor  disciplinary  infractions.
Specific reasons follows:

      On 1 February 1982, he received  a  Letter  of  Reprimand  for  having
knowledge of a weapons safety violation which  he  failed  to  report  in  a
timely manner.  He also handled  and  cleared  a  weapon  (shotgun)  without
proper supervision which is also a weapons safety violation.

      On 18 February 1982, he received a Letter of  Counseling  for  failure
to report for duty with the required duty uniform as described in SPOI  125-
5, failure to comply with the instructions of an  NCO  appointed  over  him,
failure to wear a hat while outside, a violation of AFR 35-10,  and  failure
to repair for a scheduled Reading Achievement Test on 17  February  1982  at
1000 hours.

      On 18 March 1982, he received a Letter of  Reprimand  for  failure  to
report for guardmount at 1345 hours on 16 March 1982.  He did  not  show  up
for duty until approximately 1615 hours on 16 March 1982.

      On 20 July 1982, he  was  diagnosed  as  having  a  mixed  personality
disorder with narcissistic and immature features (DSM III 301.89).

      On 27 July 1982, he refused to acknowledge receipt  of  AF  Form  590,
Withdrawal/Reinstatement of Authority to Bear Firearms after his  evaluation
by Malcolm Grow Medical Center Department  of  Psychiatry,  which  diagnosed
him as having a mixed personality with narcissistic and  immature  features.
Based on this evaluation and previous administrative actions  taken  against
him, he was relieved of his weapon and security police duties.

      On 10 August 1982, he received a Letter of Reprimand  for  failure  to
report for duty at the prescribed time, 0800 hours on 9 August  1982,  after
a two-day leave he had taken.  He was seen at approximately 1107 hours on  9
August 1982, at his place of duty, bldg P-21.

      On 27 October 1982, he received an Article 15 because he failed to  go
at the time prescribed to his appointed place of duty on  18  October  1982.
Also, on 26 October 1982, he failed to go at the time  prescribed,  to  wit;
Mental Health Clinic, Andrews AFB, MD for a scheduled appointment.

      On 28 October  1982,  I  received  a  letter  from  SMSgt  Board,  his
supervisor,  while  he  was  detailed  to  HQ  USAF/HC  regarding  his  duty
performance.  The first  two  weeks  he  performed  his  duties  in  a  very
satisfactory manner.   From  approximately  25  August  1982  until  he  was
relieved of duty on 22 October 1982, he arrived for work  on  time  no  more
than five days.  The rest of the time, he was  consistently  20  minutes  to
two hours late for work each day despite  repeated  reminders  of  his  duty
hours.





The commander indicated in his  recommendation  for  discharge  action  that
before recommending this discharge he felt  that  the  applicant  was  given
every opportunity to progress and overcome his deficiencies.   He  had  been
orally counseled on numerous occasions but  he  had  not  responded  to  the
actions.  Therefore, he did not recommend further rehabilitation because  of
negative response to Letters of Reprimand and Counseling.

The commander advised applicant of his right to consult  legal  counsel  and
submit statements in his  own  behalf;  or  waive  the  above  rights  after
consulting with counsel.

On 23 December 1982, after consulting with  counsel,  applicant  waived  his
right to submit statements in his own behalf.

On 29 December 1982, the Acting Staff Judge Advocate  recommended  a  direct
immediate discharge with a general  discharge  certificate.   She  indicated
that the applicant’s repetitive misconduct evidenced a lack of  respect  for
military authority and  discipline  and  a  disinterest  in  rehabilitation.
Most of the explanations he provided for his infractions were based  on  his
own inattentiveness.

On  29  December  1982,  the  discharge   authority   approved   applicant’s
discharge.

Applicant was discharged on 3 January 1983, in the  grade  of  airman  first
class, with a general (under honorable conditions) discharge, in  accordance
with AFR 39-10 (Misconduct - Pattern  of  Minor  Disciplinary  Infractions).
He completed 1 year, 8 months and 14 days of total active duty service.

A resume of the applicant's performance reports follows:

            PERIOD ENDING         OVERALL EVALUATION

                 19 Apr 82              9
                 30 Nov 82              5

On 8 October 2002, HQ AFPC/DPPRSP notified the applicant  that  his  request
for his Reenlistment Eligibility (RE) code change had been  administratively
corrected to a 2B (Involuntarily separated under AFR 39-10, with  a  general
or under other than honorable conditions (UOTHC) discharge).

_________________________________________________________________








AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial.   They  indicated  that  based   upon   the
documentation in the file, they believe the discharge  was  consistent  with
the procedural and substantive requirements  of  the  discharge  regulation.
Additionally,  the  discharge  was  within  the  sound  discretion  of   the
discharge authority.  The applicant did  not  submit  any  new  evidence  or
identify  any  errors  or  injustices  that  occurred   in   the   discharge
processing.  He provided  no  other  facts  warranting  an  upgrade  of  the
discharge.  Accordingly, they recommend his records remain the same and  his
request be denied.

The evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 October 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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of probable error or injustice warranting partial  relief.   On  8
October 2002, HQ AFPC/DPPRSP notified the applicant  that  his  request  for
his Reenlistment Eligibility (RE)  code  change  had  been  administratively
corrected to a 2B (Involuntarily separated under AFR 39-10, with  a  general
or under other than honorable conditions  (UOTHC)  discharge).    The  Board
finds that based on clemency and the applicant’s  desire  to  join  the  Air
National Guard, his RE code should be changed to “3K.”  The  Board  believes
he should be afforded the opportunity to apply for a  waiver  to  enlist  in
the armed services.  Whether or not he is  successful  will  depend  on  the
needs of the service and our recommendation in no  way  guarantees  that  he
will be allowed to return to the Air Force or any  branch  of  the  service.
Therefore, we recommend his RE code be changed to “4E” (Grade is  E-1,  E-2,
or E-3 with Total Air Force Military Service (TAFMS) not exceeding 18  years
and 1 month).




4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  probable  error  or  injustice  warranting  an   upgrade   of
discharge.  We  took  notice  of  the  applicant's  complete  submission  in
judging the merits of the case; 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  Board  believes   that   responsible   officials   applied
appropriate standards in effecting the separation, and the  Board  does  not
find persuasive evidence that pertinent regulations were  violated  or  that
applicant was not afforded all the rights to which entitled at the  time  of
discharge.  Therefore, we find no compelling  basis  to  recommend  granting
this portion of the applicant’s request.

_________________________________________________________________

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  general  (under  honorable  conditions)
discharge on 3 January 1983 was “4E.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  02-01934
in Executive Session on 10 December 2002, under the provisions  of  AFI  36-
2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Ms. Brenda L. Romine, Member
                  Mr. James W. Russell III, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 8 June 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 3 July 2002, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 18 October 2002.




                 OLGA M. CRERAR
                 Panel Chair






AFBCMR 02-01934





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 that his Reenlistment Eligibility
(RE) code issued in conjunction with his general (under honorable
conditions) discharge on 3 January 1983 was “4E.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency