7RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02214
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be upgraded to honorable, his separation code be changed, and
his Reenlistment Eligibility (RE) code be changed to allow his reenlistment
into the armed forces.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
His discharge should not have occurred since the Letters of Reprimand
(LORs) he received during his enlistment lacked creditability.
In support of the appeal, the applicant submits a copy of a statement from
a former acting supervisor.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his enlistment in the Regular Air Force on 19 May
2000. He was progressively promoted to the grade of airman first class.
On 11 April 2002, he received notification that he was being recommended
for discharge for misconduct, specifically, a pattern of misconduct
prejudicial to good order and discipline (i.e., failed to attend scheduled
appointments, extremely disrespectful to an Army Noncommissioned Officer
(NCO), assaulted his spouse, disrespectful to a Senior NCO when he muttered
an obscenity in his presence, violated a directed order to remain in
temporary lodging for 10 days, arrested by --- County Police for an
altercation with a civilian, and failed to complete Volume 2 of his Career
Development Course (CDC), as evidenced by 6 Letters of Reprimand (LORs) and
3 Letters of Individual Counseling (LOCs). He received a general discharge
on 29 April 2002, under the provisions of AFI 36-3208 (Misconduct). He had
completed a total of 1 year, 11 months and 11 days of active service and
was serving in the grade of airman first class (E-3) at the time of
discharge. He received an RE Code of “2B”, which defined means "Separated
with a general or under other than honorable conditions."
On 22 May 2003, the Air Force Discharge Review Board (AFDRB) considered and
denied his request that his discharge be upgraded to honorable and his RE
Code and reason and authority for discharge be changed.
_________________________________________________________________
AIR FORCE EVALUATIONS:
AFPC/DPPRS recommends the application be denied and states, in part, that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation and within the discretion of the
discharge authority. The applicant has provided no facts warranting an
upgrade of his discharge.
The AFPC/DPPRS evaluation is at Exhibit C.
AFPC/DPPAE states, in part, that the RE code of “2B” assigned to the
applicant is correct. The applicant was discharged due to his history of
substandard behavior.
The AFPC/DPPAE evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:
He will always have a mark against him as long as his records remain
unchanged. He is currently employed with the Texas Department of Criminal
Justice and will not be able to obtain a better job unless his discharge is
upgraded. He learned a lot while in the Air Force and since his discharge,
things have been a lot harder for he and his family.
The applicant’s complete response, with attachment, is at Exhibit F.
_________________________________________________________________
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 thoroughly reviewing the evidence
of record and noting the applicant’s complete submission, we find no
evidence of error or injustice. In this respect, we note that the
applicant’s discharge appears to be in compliance with the governing Air
Force Instruction in effect at the time of his separation and he was
afforded all the rights to which entitled. He has provided no evidence to
indicate that his separation was inappropriate. There being insufficient
evidence to the contrary, we find no compelling basis to recommend granting
the relief sought.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 Docket Number BC-2003-02214
in Executive Session on 8 October 2003, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Martha Maust, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 14 Jul 03.
Exhibit D. Letter, AFPC/DPPAE, dated 13 Aug 03.
Exhibit E. Letter, SAF/MRBR, dated 22 Aug 03.
Exhibit F. Letter, Applicant, dated 21 Sep 03, w/atch.
THOMAS S. MARKIEWICZ
Chair
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