RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02291
INDEX CODE: 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 given a general discharge so that his commander could recoup a bonus
from him. He failed a Career Development Course (CDC) test and was sent
for a command directed mental health evaluation and was told he had an
adjustment disorder. He was opposed to the involuntary discharge, was
discharged and was told it was voluntary.
In support of his appeal, the applicant provided a personal statement.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 19 April 2000 in the grade
of airman basic for a period of 6 years.
On 17 August 2001, the applicant was notified of his commander's intent to
initiate discharge action against him for conditions that interfere with
military service, more specifically, an Adjustment Disorder with mixed
emotional features, Mixed Receptive - Expressive Language disorder, Reading
Disorder, and for misconduct, more specifically, Minor Disciplinary
Infractions.
The commander indicated in his recommendation for discharge action that on
or about 13 June 2001, the applicant intentionally failed his Career
Development Course test with the purpose to get out of the Air Force. He
had expressed a strong desire to leave military service at any cost and had
expressed suicidal intentions to his supervisor. The applicant received a
Command Directed Mental Health Evaluation, which resulted in a diagnosis of
an Axis I, Adjustment Disorder with Mixed Emotional Features, Occupational
Problems. He further indicated that he did not recommend probation and
rehabilitation. Retention in a probationary status would be inconsistent
with the maintenance of good order and discipline and would have an adverse
impact on morale within the squadron. In addition, he recommended
initiating recoupment action on the unserved portion of the applicant’s
enlistment bonus.
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.
After consulting with counsel, applicant requested retention in the Air
Force and indicated that he would submit a written presentation in support
of his request for retention.
On 19 September 2001, the discharge authority approved applicant’s
discharge.
On 21 September 2001, the applicant was discharged with a general (under
honorable conditions) discharge, in the grade of airman first class, under
the provisions of AFI 36-3208 (Misconduct). He completed 1 year, 5 months
and 2 days of total active duty service.
On 9 May 2002, the Air Force Discharge Review Board (AFDRB) denied
applicant’s request for an upgrade of his discharge to an honorable, change
of the narrative reason for discharge, and upgrade of his reenlistment code
to enable him to reenlist. They concluded that the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation and was within the discretion of the discharge
authority and that the applicant was provided full administrative due
process. They further concluded that no legal or equitable basis existed
for upgrade of discharge, change of narrative reason or RE code.
The applicant received an RE code of 2K (Has been formally notified by the
unit commander of initiation of involuntary separation action).
Per HQ AFPC/DPPAES an error with the applicant’s RE code was identified
when he submitted a request for correction of military records. On 15
October 2002, the applicant was notified that his RE code was corrected to
reflect 2B (Separated 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 discretion of the discharge
authority. The Air Force Discharge Review Board denied an upgrade on 9 May
2002.
The evaluation is at Exhibit C.
AFPC/DPPAE indicated that the RE code of 2K, “Has been formally notified by
the unit commander of initiation of involuntary separation action” is
incorrect. It should be 2B “Involuntarily separated with a general or
under other than honorable conditions (UOTHC) discharge.”
The evaluation, with attachments, is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluations and indicated that he intentionally
failed his end of course exam to be cross-trained, not to get out of the
Air Force. He did not want to be a jet mechanic because he was not good at
being a mechanic. He states that he is not looking for an honorable
discharge to be handed to him, he wants the opportunity to reenlist and get
the honorable discharge on his own.
Applicant’s response 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 probable error or injustice. After thoroughly reviewing the
evidence of record, we are not persuaded that the applicant has been the
victim of either an error or an injustice. The Board believes that the
discharge apparently complied with the governing regulation in effect at
that time; 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. In view of the
above finding, 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 AFBCMR Docket Number 02-02291
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
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 July 2002, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 8 October 2002.
Exhibit D. Letter, AFPC/DPPRS, dated 6 August 2002, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 25 October 2002.
Exhibit F. Letter, Applicant, dated 2 November 2002.
BRENDA L. ROMINE
Panel Chair
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