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AF | BCMR | CY2003 | BC-1992-02647a
Original file (BC-1992-02647a.doc) Auto-classification: Approved

                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  92-02647
                                             INDEX CODE 110.02
                                             COUNSEL:  None

                                             HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In  the  applicant’s  request  for  reconsideration,  he   asks   that   his
reenlistment eligibility (RE) code of 2C (Involuntarily discharged  with  an
honorable   characterization   or    entry-level    separation    with    no
characterization of service), issued in  conjunction  with  his  1992  entry
level discharge, be changed to 3K (Reserved  for  use  by  HQ  AFPC  or  the
AFBCMR when no other RE code applies or  is  appropriate)  so  that  he  may
apply for a waiver to reenlist.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 31 Jan 92. The  applicant
subsequently received three Letters of Reprimand (LORs)  for  exceeding  the
speed limit on K. I. Sawyer AFB and driving without insurance on 7  Jun  92,
operating a vehicle on state highways on  13-14  Jun  92  without  insurance
after being questioned whether he had insured his vehicle,  and  failing  to
go to his assigned duty section on 15  Jun  92.  He  also  had  his  driving
privileges  revoked  for  one  year.  The  applicant  was  notified  of  his
commander’s  intent   to   recommend   discharge   without   probation   and
rehabilitation. On 6 Jul 92, after  five  months  and  six  days  of  active
service,  he  was  discharged  with  an   entry-level   separation   without
characterization of service. He was issued an RE code of 2C (see  above  for
definition).

On 16 Sep 92, the applicant  appealed  for  an  RE  code  that  would  allow
reenlistment. However, on 12 Apr 93, the Board denied  his  appeal.  For  an
accounting of  the  facts  and  circumstances  surrounding  the  applicant’s
separation, and, the rationale of the earlier decision  by  the  Board,  see
the Record of Proceedings at Exhibit E.

On 30 Jan  03,  the  applicant  submitted  a  request  for  reconsideration,
requesting that he be awarded a waiverable code such as 3K  (see  above  for
definition) so that he may obtain a waiver for reenlistment. He contends  he
could not afford insurance at the time. He regrets  his  decision  to  leave
the Air Force. He wants a chance to fulfill his  obligation  and  serve  his
country in the Air Force Reserves. He provides three character references.

The applicant’s complete submission is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Sufficient  relevant  evidence  has  been  presented  to   demonstrate   the
existence of an injustice to warrant changing the  applicant’s  RE  code  to
“3K.” The “2C” RE code the applicant received  is  correct  because  he  was
involuntarily discharged with an entry-level separation. This was driven  by
his three LORs. However, after considering the  statements  from  the  three
former  military  members  attesting  to  the  applicant’s   character   and
motivation, a majority of the  Board  is  persuaded  that,  based  upon  his
apparent successful transition to civilian life as evidenced  by  his  post-
service work record, he should be afforded the opportunity to  apply  for  a
waiver to reenlist in the armed services. In other words, an  RE  code  from
the “3” series would permit him to apply for enlistment and, should he  have
the desirable skills and is otherwise acceptable, the reserves may elect  to
waive his ineligibility and allow him to reenlist.  Whether  or  not  he  is
successful will depend on the  needs  of  the  service  and  the  majority’s
recommendation in no way guarantees that he will be allowed to  reenter  the
armed services. Therefore, the majority recommends his reenlistment code  be
changed to “3K.”

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that,  in  conjunction  with  his  entry-
level separation on 6 July 1992, he was issued  a  reenlistment  eligibility
code of “3K,” rather than “2C.”

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 9 April 2003, under the provisions of AFI 36-2603:

                       Mr. Charles E. Bennett, Panel Chair
                       Mr. Wayne R. Gracie, Member
                       Mr. Jackson A. Hauslein, Jr., Member

A majority of the Board voted to correct the records,  as  recommended.  Mr.
Hauslein voted to deny, but he does not wish to
submit a Minority Report. The following documentary evidence  pertaining  to
AFBCMR Docket Number BC-1992-02647 was considered:

   Exhibit E.  Record of Proceedings, dated 12 Apr 93, w/atchs.
   Exhibit F.  Applicant's DD Form 293, dated 30 Jan 03, w/atchs.




                                   CHARLES E. BENNETT
                                   Panel Chair


AFBCMR BC-1992-02647




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, in conjunction with his entry-
level separation on 6 July 1992, he was issued a reenlistment eligibility
code of “3K,” rather than “2C.”




                                             JOE G. LINEBERGER
                                             Director
                                             Air Force Review Boards Agency

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