RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03479
INDEX CODE: 100.03, 100.06
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed and any negative remarks
be removed from his records.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Because of back pains he was not allowed to train in the security field and
was assigned to the administrative field. While awaiting training he
learned what his schooling consisted of and felt that he had been deceived
by personnel at Lackland AFB. He voiced his dissatisfaction and was put in
an adjustment class for two weeks. While in an awaiting status he received
permission from his lieutenant to go to New Orleans for the weekend. While
there he was in a car with a few friends after having a few drinks. They
were throwing beer bottles out of the car window into a trash can and a
bottle went through a hotel window. He and a female that was sitting
beside him argued over which one of them threw the bottle that went through
the window. When the police arrived they took her word that he threw the
bottle and arrested him. He spent three days in jail, even though he said
that he was willing to pay for the window. His lieutenant came and got him
on the fourth day. After his return to the base, he was in the BX
purchasing CDs from a clearance rack. He noticed that some of the CDs had
a 50% off price tag on them and others did not. He did not want to go
through the hassle at the registers over the price so he put 50% off tags
on the CDs that weren't marked. He was apprehended by store security and
accused of stealing. At this point he was utterly disgusted with the Air
Force. His lieutenant told him that if he wanted out of the Air Force,
this would be his best opportunity. He wrote a letter to the base exchange
and the hotel and apologized. The hotel did not press charges and he did
not have to go to court. He never caused trouble with anyone and drank
only once. He was complemented on various occasions on his job
performance. He believes he was dealt a bad hand and wants to prove that
he is a responsible and worthy citizen.
In support of his request, applicant provided a personal statement, a
criminal background check, character references, and his DD Form 214. His
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 24 Mar 99. On 23 Aug 99,
applicant was notified by his commander that he was recommending that he be
discharged from the Air Force in accordance with AFPD 36-32 and AFI 36-
3208, paragraph 5.22.2, Entry Level Performance and Conduct. The specific
reason for this action was on 29 Jul 99, he received nonjudicial punishment
for stealing property of the Army Air Force Exchange Services; on 10 Jul
99, he was arrested by the New Orleans Police Department for criminal
damage to property; and on 3 Aug 99, he received a Letter of Counseling for
losing his military bearing. He was advised of his rights in this matter
and acknowledged receipt of the notification on that same date. He waived
his right to consult counsel and elected not to submit statements on his
own behalf. On 23 Aug 99, the discharge authority concurred with the
recommendation and directed that he be discharged with an uncharacterized
entry-level separation. On 26 Aug 99, he was discharged and issued RE code
2C "Involuntarily separated with an honorable discharge; or entry level
separation without characterization of service".
_________________________________________________________________
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. The DPPRS evaluation is at Exhibit C.
AFPC/DPPAE recommends denial. DPPAE states that the applicant's RE code
"2C" 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 29
Aug 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 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
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 number of the offenses he committed
against the good order and discipline of the service in the short period of
time in which he served, the RE code that he was assigned was proper and in
compliance with the appropriate directives. In addition, the reason for
his separation appears to be accurate and in accordance with the applicable
directives. Therefore, we agree with the opinions and recommendation of
the Air Force offices of primary responsibility and adopt their rationale
as the basis for our conclusion that the applicant has not been the victim
of an error or injustice. 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 AFBCMR Docket Number BC-2002-
03479 in Executive Session on 1 Oct 03, under the provisions of AFI 36-
2603:
Mr. Frederick R. Beaman III, Panel Chair
Mr. Michael K. Gallogly, Member
Mr. Michael J. Maglio, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Nov 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 7 Jul 03.
Exhibit D. Letter, AFPC/DPPAE, dated 13 Aug 03.
Exhibit E. Letter, SAF/MRBR, dated 29 Aug 03.
FREDERICK R. BEAMAN III
Panel Chair
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