RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03812
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He does not understand why he was given a code that would not allow him to
reenter the armed forces. He is currently trying to enlist in the Army.
In support of the applicant’s appeal he provided a copy of his DD Form 214
(Certificate of Release or Discharge from Active Duty).
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 29 June 2000 in the
grade of airman basic for a period of four (4) years.
On 16 May 2001, the applicant was notified of his commander's intent to
initiate discharge action against him for misconduct, minor disciplinary
infractions. The specific reasons follows:
On or about 8 January 2001, he used a government computer to access
the internet. The internet site he visited was not for official business
or authorized activities. In addition, he was also instructed to complete
his Unit Review Exercise for volume 3 of his Career Development Course
(CDC), which he failed to complete. On or about 9 January 2001, he failed
to go to his appointed place of duty at the prescribed time. He was thirty
(30) minutes late for work and failed to inform anyone that he was running
late. For this misconduct, he received a Letter of Counseling (LOC) dated
10 January 2001.
On or about 22 January 2001, he was wearing a tongue stud while in
uniform. He received verbal counseling on previous occasions prior to this
incident that this type of misconduct was in violation of AFI 36-2903,
Dress and Personal Appearance of Air Force Personnel. For this misconduct,
he received a Letter of Reprimand (LOR) dated 24 January 2001.
On or about 2 February 2001, he appeared for duty in uniform with
unshaven facial hair. He was in violation of AFI 36-2903. For this
misconduct, he received an LOC dated 2 February 2001.
On or about 5 February 2001, he was wearing a tongue stud while on a
military installation. This misconduct was in violation of AFI 36-2903.
He received verbal counseling on previous occasions and a written reprimand
prior to this incident for similar misconduct. For this misconduct, he
received an LOR dated 9 February 2001.
On or about 12 February 2001, he failed to go to his appointed place
of duty at the prescribed time. He was seventy (70) minutes late for work
and failed to inform anyone that he was running late, as previously
counseled. For this misconduct, he received an LOR dated 14 February 2001.
On or about 26 February 2001, he was notified by Security Forces that
his base driving privileges were revoked for a period of two (2) years.
This was as the result of his state driver’s license being suspended. On
or about 1 March 2001, he failed to obey that lawful order in that he drove
on base while his base driving privileges were revoked. For this
misconduct, he received an LOR dated 16 March 2001. In addition, this LOR
established his Unfavorable Information File (UIF).
The commander indicated in his recommendation that he did not recommend
probation and rehabilitation because the applicant had been given several
opportunities to comply with standards but failed to conform and adhere to
military guidelines.
The commander advised the 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 16 March 2001, after consulting with counsel, applicant waived his right
to submit statements in his own behalf.
On 4 May 2001, applicant was notified of his commander's intent to impose
nonjudicial punishment upon him for the following reason: On divers
occasions from on or about 18 April 2001 to on or about 30 April 2001, he
made a fraudulent claim against the United States, for food valued at
$28.65, which he was not eligible to receive. On or about 27 February
2001, he failed to obey a lawful order in that he drove on base when his
driving privileges were revoked.
On 10 May 2001, after consulting with counsel, applicant waived his right
to a trial by court-martial, did not request a personal appearance and did
submit a written presentation.
He was found guilty by his commander who imposed the following punishment:
a reduction to the rank of airman basic and 14 days extra duty.
Applicant did not appeal the punishment. The Article 15 was filed in his
Unfavorable Information File (UIF).
On 24 May 2001, the Staff Judge Advocate recommended the applicant be
separated with a general (under honorable conditions) without probation and
rehabilitation.
On 24 May 2001, the discharge authority approved the discharge.
Applicant was discharged on 30 May 2001, in the grade of airman with a
general (under honorable conditions) discharge, under the provisions of AFI
36-3208 (Misconduct). He served a total of 11 months and 2 days total
active military service.
_________________________________________________________________
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 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. He has filed a timely request.
The evaluation is at Exhibit C.
AFPC/DPPAE indicates that the basis for the applicant’s separation action
was a pattern of misconduct. The applicant’s RE code 2C, “Involuntarily
separated with an honorable discharge; or entry level separation without
characterization or service” is correct.
EXAMINER’S NOTE: AFPC/DPPAE’s advisory is in error. The applicant received
a general (under honorable conditions) discharge with a RE code of 2B vice
an honorable discharge with a RE code of 2C.
The evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 January 2003, copies of the Air Force evaluations were 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or an injustice warranting a change in the
applicant’s RE code. After thoroughly reviewing the evidence of record, we
note that in the 11 months and 2 days that the applicant was on active
duty, he received 2 LOCs, 4 LORs, and an Article 15. Therefore, 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. The applicant
has not established that he has been the victim of either an error or
injustice. The RE code he received reflected the type of discharge he
received. Therefore, in the absence of evidence to the contrary, 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 an 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 02-03812
in Executive Session on 20 February 2003, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Mary J. Johnson, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 November 2002, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 13 December 2002.
Exhibit D. Letter, AFPC/DPPAE, dated 18 December 2002.
Exhibit E. Letter, SAF/MRBR, dated 3 January 2003.
RICHARD A. PETERSON
Panel Chair
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