RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01523
INDEX CODE: 100.3, 100.06
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed to allow
enlistment in the Marine Corps Reserves.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He is interested in joining the Reserves.
In support of his request, applicant 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 16 December 1998 in
the grade of airman basic. On 29 November 2000, the applicant was
notified by his commander he was recommending that he be discharged
from the Air Force under the provisions of AFI 36-3208, Administrative
Separation of Airmen, (Misconduct-Pattern of Minor Disciplinary
Infractions), with a general (under honorable conditions) discharge.
Basis for the action was from 5 August 1999 to 9 November 2000,
applicant received six letters of reprimand, an Article 15 and a
vacation of suspended nonjudicial punishment for minor disciplinary
actions. The case was reviewed on 7 December 2000 by legal services
and found to be legally sufficient to support discharge. He was
separated from the Air Force on 20 December 2000 with a general (under
honorable conditions discharge and issued an RE code of “2B”. He
served two (2) years and five (5) days on active duty.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. Based upon the documentation in the
file, the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The applicant did not
submit any new evidence or identify any errors or injustices that
occurred in the discharge processing.
A complete copy of the evaluation is at Exhibit C.
AFPC/DPPAE recommends denial. The RE code of 2B, “Separated with a
general or under other than honorable discharge is correct. He was
involuntarily separated from service with the character of service
recorded “Under Honorable Conditions (General).
A complete copy of 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
18 July 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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendations 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. 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 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-
2003-01523 in Executive Session on 2 September 2003, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Mike Novel, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 27 May 03.
Exhibit D. Letter, AFPC/DPPAE, dated 8 Jul 03.
Exhibit E. Letter, SAF/MRBR, dated 18 Jul 03.
MICHAEL K. GALLOGLY
Panel Chair
AF | BCMR | CY2004 | BC-2003-02860
The Recommendation Letter and Legal Review could not be found in the available records. As he has provided no facts warranting a change in his discharge, denial is recommended. After a thorough review of the evidence of record, we conclude the general discharge was appropriate given the applicant’s misconduct and that the RE code, which was driven by the discharge, is correct.
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