RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00959
INDEX CODE: 100.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed to one that will
allow him to enlist in the United States Navy.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He joined the Air Force immediately following high school and was
immature. However, he contends that the Air Force recruiter told him
that his test scores were high enough that he would qualify for any
computer career field he desired. He was subsequently assigned to a
Ground Radio Maintenance career field. He was not happy but contends
that he tried to get through the school. He further contends that he
asked the person serving him with discharge notification whether or
not he would be eligible to reenlist. The person told him that he
would be able to reenlist as his discharge was a General discharge.
Applicant would like to enlist with the US Navy but cannot because of
the RE code he was discharged with.
In support of his appeal, applicant has included a personal statement.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 19 September 2001
and attained the grade of Airman (AMN/E-1) with a date of rank of 15
April 2002. On 30 April 2002, he received a Letter of Reprimand (LOR)
for not having required paperwork on his person on 4 and 5 April 2002,
and for carrying a cellular phone while in uniform. On 5 February
2002, he failed the Block 4 test of his training course. On 25 April
2002, he failed the Block 3 test of his training course. On 13 June
2002, he failed the Block 5 test of his training course. The
applicant was counseled for several other infractions including not
doing homework, needing a haircut, improper wear of the military
uniform, and many others. On 26 June 2002, applicant was notified
that he was being discharged under the auspices of Air Force
Instruction (AFI) 36-3208, for unsatisfactory duty performance and
minor disciplinary infractions. The discharge was found legally
sufficient on 10 July 2002 and the applicant was subsequently
discharged with a general discharge. His service characterization was
listed as uncharacterized as the applicant had not completed his first
term of enlistment. Probation and Rehabilitation (P&R) was not
recommended. His discharge was effective 18 July 2002, after having
served for 10 months.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS reviewed this application and recommended denial. DPPRS
notes that the basis for the discharge action against the applicant
was numerous counseling’s for failing to make passing grades, failure
to comply with AF standards, derelict in performance of duties,
incomplete homework assignments, failure to comply with verbal and
written instructions, and failure to keep his dorm room clean and in
inspection order. The applicant had 26 incidents of minor infractions
over a 6-month period. DPPRS states that the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation and within the discretionary powers of the discharge
authority. No new evidence or any identification of error or
injustice has been presented to warrant a change to the discharge.
DPPRS’s complete evaluation is attached at Exhibit C.
AFPC/DPPAE has reviewed this case and verified that the RE code of 2B,
“Separated with a general or under-other-than-honorable-conditions”
discharge, is correct.
DPPAE’s complete evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
4 June 2003 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After a thorough review of the
evidence of record and applicant's submission, we are not persuaded
that his uncorroborated assertions of an increase in maturity, in and
of itself, sufficiently persuasive to override the rationale provided
by the Air Force. Additionally, we are not convinced that his record
of 26 minor infractions over a six-month period could be attributed
solely to immaturity. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility and
adopt the rationale expressed as the basis for our decision that the
applicant has failed to sustain his burden of having suffered either
an error or injustice. Therefore, in the absence of persuasive
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 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-
2003-00959 in Executive Session on 17 July 2003, under the provisions
of AFI 36-2603:
Ms. Patricia D. Vestal, Panel Chair
Mr. Clarence D. Long, III, Member
Ms. Sharon Seymour, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Mar 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 14 Apr 03.
Exhibit D. Letter, AFPC/DPPAE, dated 2 Jun 03.
Exhibit E. Letter, SAF/MRBR, dated 4 Jun 03.
PATRICIA D. VESTAL
Panel Chair
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