RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00912
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her Reenlistment Eligibility (RE) code of 2B, “Separated with a
general or under-other-than-honorable-conditions (UOTHC)
discharge,” be changed.
___________________________________________________________________
APPLICANT CONTENDS THAT:
There is no error in her records; she would just like a second
chance. She enjoyed her time in the Air Force and now feels that
she can be an asset.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 16 Apr 98 for a
period of four years in the grade of airman basic (AB/E-1). Her
highest grade held was airman (E-2).
On 22 Sep 99, the squadron commander initiated administrative
discharge action against the applicant for Misconduct, Minor
Disciplinary Infractions. The specific reasons for the proposed
action were:
On or about 27 Jan 99, applicant failed to go to her appointed
place of duty, for which she received a no-show letter from the
dental clinic.
Between 31 Mar 99 and 5 Apr 99, she failed to go to Bay Orderly.
On 8 Apr 99, she wrongfully used foul and provoking words towards
one of her peers. For this misconduct, she received an Article 15.
The Article 15 punishment imposed on the applicant consisted of
reduction to the grade of airman basic, forfeiture of $200 pay per
month for two months, 30 days of correctional custody, and
establishment of an unfavorable information file (UIF).
On or about 17 Apr 99, she was derelict in the performance of her
duties, by refusing to serve a customer at the Diners Reef Dining
facility, for which she received a Letter of Reprimand (LOR).
On or about 26 Apr 99, applicant was disrespectful to her superior
noncommissioned officer by not acknowledging him, for which she
received a letter of counseling (LOC).
On or about 28 Apr 99, applicant was disrespectful to her superior
noncommissioned officer by turning her back on him and walking
away, for which she received an LOC.
On 19 Jul 99 and 29 Jul 99, she failed to go to the pre-Change of
Command formation. For these actions, she received an LOR, which
was placed in her existing UIF.
On or about 8 Aug 99, she was derelict in the performance of her
duties by willfully throwing out two dozen eggs so as not to serve
customers and wrongfully used foul and provoking words towards a
civilian contractor. For this misconduct, she received an Article
15. The Article 15 punishment imposed on the applicant consisted
of forfeiture of $479 pay per month for two months, 45 days of
extra duty, and restriction to the base.
Applicant acknowledged receipt of the discharge notification. On
27 Sep 99, after consulting with counsel, she submitted statements
in her own behalf, along with character references. On 30 Sep 99,
the Staff Judge Advocate found the case file legally sufficient to
justify an administrative discharge for misconduct, minor
disciplinary infractions and recommended that the applicant be
separated with a general discharge, without probation or
rehabilitation. On 5 Oct 99, the discharge authority approved a
general discharge, without probation and rehabilitation.
On 7 Oct 99, the applicant was discharged under the provisions of
AFI 36-3208 by reason of misconduct, with service characterized as
general (under honorable conditions), and was issued RE code 2B.
She served 1 year, 5 months, and 22 days on active duty.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS reviewed this application and recommended denial.
They found that the discharge was consistent with the procedural
and substantive requirements of the discharge regulation.
Additionally, that the discharge was within the sound discretion of
the discharge authority. They also noted that the applicant did
not submit any new evidence or identify any errors or injustices
that occurred in the discharge processing nor did she provide any
facts warranting an upgrade of the discharge.
A complete copy of the evaluation is at Exhibit C.
HQ AFPC/DPPAE also reviewed this application and indicated that the
RE code of 2B, “Involuntarily separated with a general or under
other than honorable conditions discharge” is correct.
A complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant
on 4 Jun 03 for review and comment within 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 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. At the time a
member is separated from the Air Force, they are furnished an RE
Code predicated upon the quality of their service and the
circumstances of their separation. The assigned code reflects the
Air Force’s position regarding whether or not, or under what
circumstances, the individual should be allowed to reenlist. After
careful consideration of the evidence provided, we are not
persuaded that the assigned RE code is in error or unjust or that
an upgrade of the RE code is warranted. We therefore conclude that
no basis exists upon which to recommend favorable action on the
applicant’s request that it be changed.
___________________________________________________________________
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-2003-00912 in Executive Session on 20 Aug 03, under the
provisions of AFI 36-2603:
Ms. Olga M. Crerar, Panel Chair
Ms. Leslie Abbott, Member
Mr. James W. Russell III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 15 Apr 03.
Exhibit D. Letter, HQ AFPC/DPPAE, dated 3 Jun 03.
Exhibit D. Letter, SAF/MRBR, dated 4 Jun 03.
OLGA M. CRERAR
Panel Chair
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