RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03103
INDEX CODE: 100.03, 100.06
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed so that he may reenter
the service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He takes full responsibility for his irresponsible actions while he was an
airman. He asks that his RE code be changed so that he may join the
military once again to prove to himself, his family, and his country that
he is capable of such responsibility. Furthermore, he wishes for an
opportunity to serve the country against all enemies, foreign and domestic.
In support of his request, applicant provided a copy of his DD Form 214,
Certificate of Release or Discharge from Active Duty. His complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 8 Apr 98 and was
progressively promoted to the grade of senior airman. On 26 Nov 01, he was
notified by his commander that he was recommending that he be discharged
from the Air Force under the provisions of AFPD 36-12 and AFI 36-3208,
paragraph 5.50.2. The specific reasons for his action was that on 18 Nov
99, he was cited for speeding on base; on 23 Aug 00, he received a Letter
of Counseling (LOC) for failure to go to a mandatory appointment; on 13 Oct
00, he received a Letter of Admonishment for failure to pay a just debt; on
31 Jan 01, he received an LOC for failure to go to his appointed place of
duty; on 13 Feb 01, he received a Letter of Reprimand (LOR) for failure to
go to his appointed place of duty; on 24 Mar 01, he received an LOR for
operating his vehicle and another airman's vehicle in an unsafe manner and
making false statements to his first sergeant; on 16 Oct 01, he received
nonjudicial punishment under Article 15 of the Uniformed Code of Military
Justice for failure to obey a lawful order, in which he was reduced to the
grade of airman first class, ordered to forfeit $100.00 of his pay per
month for 2 months, restricted to the limits of the base for 15 days and
ordered to perform 15 days extra duty; on 16 Nov 01, he received Article 15
punishment for leaving his appointed place of duty on several occasions
without authority, he was reduced to the grade or airman. He acknowledged
receipt of the notification on that same date and submitted a statement on
his own behalf. In a legal review of his case the wing staff judge
advocate found the case legally sufficient. The applicant was discharged
on 13 Dec 01, with a general (under honorable conditions) discharge. He
was assigned RE code 2B (Involuntarily separated with a general or under
other than honorable conditions discharge). He served 3 years, 8 months,
and 6 days on active duty.
The following is a resume of his Enlisted Performance Report ratings:
PERIOD ENDING PROMOTION RECOMMMENDATION
01 Aug 01 3 - Referral Report
07 Dec 00 3
07 Dec 99 5
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states that the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation, and was within the discretion of the discharge
authority. He did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing. The DPPRS evaluation
is at Exhibit C.
AFPC/DPPAE recommends denial. DPPAE states that his RE code is correct.
The DPPAE evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 14
Feb 03 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After careful consideration of the
applicant's request and the available evidence of record, we see no
evidence of an error or injustice that would warrant a change in his RE
code. In our opinion, given the multiplicity of the offenses he committed
against the good order and discipline of the service, and the short period
of time in which he served, the decision to administratively discharge him
from the Air Force and the RE code that he was assigned, were proper and in
compliance with the appropriate directives. Therefore, in the absence of
persuasive evidence to the contrary, we are not compelled to recommend
favorable consideration of his request.
_________________________________________________________________
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 Docket Number 02-03103 in
Executive Session on 26 Mar 03, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. James W. Russell III, Member
Mrs. Carolyn J. Watkins-Taylor, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Sep 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 4 Nov 02.
Exhibit D. Letter, AFPC/DPPAE, dated 3 Feb 03.
Exhibit E. Letter, SAF/MRBR, dated 14 Feb 03.
THOMAS S. MARKIEWICZ
Vice Chair
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