RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02502
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His ineligibility for reenlistment be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
During an active duty tour while serving in the Air Force Reserves he was
involved in an incident involving possession of his gun on a military
installation. He was returned to his Reserve unit and administered
nonjudicial punishment. He told his commander that he wanted to go into
the Army. He told him that he would give him an administrative discharge
and that he could do whatever he wanted to do after that. The only reason
he got out of the Reserves was so that he could go into the Army. He
attempted to go into the Army but could not because he was ineligible to
reenlist.
In support of his request, applicant provided a personal statement,
documentation associated with his discharge from the Reserves, and Request
for Reference letters. His complete submission, with attachments, is at
Exhibit A
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Air National Guard on 21 Apr 94. He was
discharged from the ANG on 30 Nov 97 and transferred to the Air Force
Reserves on 1 Dec 97. He was progressively promoted to the grade of senior
airman.
On 12 Jul 98, applicant was notified by his commander of his intent to
impose nonjudicial punishment under Article 15, of the Uniform Code of
Military Justice (UCMJ) for carrying a concealed weapon. He was advised of
his rights in this matter and after consulting counsel; he waived his right
to demand trial by court martial, accepted Article 15 proceedings, and
provided a written presentation to the commander. On 2 Aug 98, the
commander found that he did commit one or more of the offenses alleged and
imposed punishment on him consisting of reduction in grade to the rank of
airman first class. Applicant elected not to appeal his Article 15
punishment.
On 18 Jun 99, applicant was discharged from the Air Force Reserves under
the provisions of AFI 36-3209, for misconduct. He was issued a general
(under honorable conditions) discharge with a reenlistment eligibility
status of "ineligible".
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/DPM recommends denial. DPM states that the applicant offers no proof
that there was an error or injustice in the manner in which his case was
handled. He was afforded the opportunity to challenge the evidence against
him during his nonjudicial punishment proceedings and chose not to do so.
The DPM evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 29 Aug
03 for review and comment 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 not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an injustice that would warrant corrective action. Even
though we are not persuaded by the evidence provided that the actions taken
to effect his separation were improper or not in compliance with the
appropriate regulations, it is our opinion that correction of his RE code
to a waiverable code is warranted. In this respect, his nonjudicial
punishment, which predicated the decision to administratively discharge him
from the Reserves, appears to be based upon an isolated incident. Based on
the documentation provided in support of his appeal, it further appears
that during his enlistment he served his country honorably and faithfully.
Thus, we believe that a good probability exists that he may be able to
provide effective and meaningful service to our nation as a member of the
armed services. Whether or not he is successful will depend on his ability
to meet current standards and the needs of the service. Our recommendation
in no way guarantees that he will be allowed to return to any branch of
service. Therefore, we recommend that his records be corrected to the
extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 18 June 1999, he was separated
with a reenlistment eligibility status of "Eligible."
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2003-
02502 in Executive Session on 1 Oct 03, under the provisions of AFI 36-
2603:
Mr. Frederick R. Beaman III, Panel Chair
Mr. Michael J. Maglio, Member
Mr. Michael K. Gallogly, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/DPM, dated 14 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 29 Aug 03.
FREDERICK R. BEAMAN III
Panel Chair
AFBCMR BC-2003-02502
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 18 June 1999, he was
separated with a reenlistment eligibility status of "Eligible."
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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