RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01907
INDEX CODE: 112.10
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He worked in a very negative and uncomfortable work environment. He
had individuals who deliberately tried to sabotage his military
career. It was not his decision to separate from the military and he
believes that one year and seven months is not a sufficient amount of
time to determine whether or not a person can handle the military. He
knows for a fact that he can be a valuable asset to the military and
can do nothing but improve if he was to reenter. In support of his
request, he states that he filed complaints to social actions and the
base IG concerning his squadron. He is a United States citizen and
should be treated with justice, no matter what the circumstances are.
He is not trying to prove anyone wrong. He just wants fair treatment.
Applicant submits a copy of his DD Form 214. Applicant's complete
submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 9 February 2000, the applicant enlisted in the Regular Air Force
for 4 years. He was progressively promoted to the grade of airman
first class (E-3). Following his successful completion of basic
military and technical training, he was assigned to duties as an
environmental apprentice, on or about 10 August 2000.
On 26 November 2001, the commander notified the applicant that he was
recommending a general discharge for misconduct. Reasons for the
action were: an Article 15 and Unfavorable Information File
established in October 2001 for being disrespectful in language to a
senior noncommissioned officer (SNCO) and dereliction in performance
of duties for failure to clean the inside of an engine compartment in
a vehicle, for which he was reduced to airman and reprimanded; five
Letters of Reprimand (3 July 2001, 20 August 2001, 12 October 2001, 18
October 2001 and 24 October 2001) for being disrespectful to an SNCO,
failing dormitory room inspection and disobeying a lawful order; and
five Letters of Counseling (7 September 2000, 12 October 2000, 18
October 2000, 15 November 2000 and 12 December 2000) for failure to
go, disobeying lawful orders, uniform violation and being
disrespectful to an NCO. Applicant consulted with the Area Defense
Counsel and submitted statements for consideration to his commander.
He requested consideration for probation and rehabilitation (P&R) and
an honorable discharge. The base legal services reviewed the case and
found it legally sufficient to support the discharge. The discharge
authority considered P&R, but concluded that further attempts at
rehabilitation were not appropriate, approved the separation and
ordered a general discharge on 3 December 2001.
The Air Force Discharge Review Board (AFDRB) denied applicant’s
request for an upgrade of discharge on 21 August 2002. A copy of the
AFDRB hearing record is attached at Exhibit B.
On 19 March 2003, the AFBCMR considered and denied applicant’s request
to that his general discharge be upgraded to honorable. A complete
copy of the Record of Proceedings is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states that 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.
A complete copy of the evaluation is attached at Exhibit D.
AFPC/DPPAE states that the Reenlistment Eligibility (RE) code of 2B,
“Separated with a general or under other than honorable conditions,”
is correct.
A complete copy of their evaluation is attached at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 18 July 2003, copies of the Air Force evaluations were forwarded to
the applicant for review and response 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. After reviewing the evidence of
record, we are not persuaded that the applicant’s records are in error
or that he has been the victim of an injustice. His contentions are
noted; however, in our opinion, the comments provided by the
appropriate Air Force offices adequately address those allegations.
Therefore, we agree with the opinions and recommendation of the Air
Force and adopt their rationale as the basis for the conclusion that
the applicant has not been the victim of an error or injustice. 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 this application, BC-
2003-01907, in Executive Session on 28 August 2003, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Mr. James E. Short, Member
Mr. Laurence M. Groner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jun 03, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Record of Proceeding, dated 14 May 03, w/atch.
Exhibit D. Letter, AFPC/DPPRS, dated 12 Jun 03.
Exhibit E. Letter, AFPC/DPPAE, dated 10 Jul 03.
Exhibit F. Letter, SAF/MRBR, dated 18 Jul 03.
THOMAS S. MARKIEWICZ
Chair
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