Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2003-02795
Original file (BC-2003-02795.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02795
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He has continuously been employed since his discharge, has purchased  a  new
vehicle, got married and is only two semesters from  receiving  his  degree.
He would like to enroll in an Army  continuation  program  for  his  degree,
which would save him thousands of dollars in student loans.

In support of the appeal, the applicant submits two personal statements.

Applicant’s complete submission, with attachments, is  attached  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 August  2001.   On  26
March 2002, he was notified by his commander that he was  being  recommended
for discharge for minor  disciplinary  infractions.   The  reason  for  this
action was that  on  1  and  6 December  2001  he  failed  to  refrain  from
providing alcohol for a person under age 21,  and  received  an  Article  15
with a $375 forfeiture of pay.  On 14 December 2001, he was derelict in  the
performance of duties because he failed to return to class after break,  and
on 3 Mar 2002, he failed to show for daily call to quarters. He  received  a
letter of counseling for each incident.  He  also  received  an  Article  15
with a $400 forfeiture of  pay  when  he  wrongfully  used  provoking  words
toward other airmen on two different  accounts  on  11  January  2002.   The
discharge authority approved the separation and ordered an  under  honorable
conditions (general) discharge without  probation  and  rehabilitation.   On
4 April 2002, he  was  discharged  under  the  provisions  of  AFI  36-3208,
Administrative Separation of Airmen  (misconduct) and was  issued  an  under
honorable conditions (general) discharge.  He received an  RE  code  of  2B,
separated with a general or  under-other-than-honorable-conditions  (UOTHC).
He served 7 months and 14 days on active duty.

Applicant does not contest the accuracy of the RE code and  after  reviewing
the applicable instruction, AFI 36-2606, it appears the RE  code  issued  is
accurate.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   The  applicant  did  not  submit  any  new
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge process.  Additionally, he provided no facts warranting  a  change
in his discharge.

The DPPRS 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  7  Nov
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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice.   Applicant’s  contentions  are  duly
noted; however, we are not persuaded the applicant has been  the  victim  of
an error or injustice.  At the time  members  are  separated  from  the  Air
Force, they are furnished an RE code predicated upon the  quality  of  their
service and circumstances of their separation.  After a thorough  review  of
the evidence of record, we believe that given the circumstances  surrounding
the applicant’s separation, the RE code issued was in  accordance  with  the
appropriate  directives.   Therefore,  we  find  no  basis  upon  which   to
recommend favorable action on 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  Docket  Number  BC-2003-02795
in Executive Session on 17 December 2003, under the provisions  of  AFI  36-
2603:

                       Mr. David C. Van Gasbeck, Panel Chair
                       Mr. E. David Hoard, Member
                             Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 26 Aug 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Nov 03.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | bc-2003-02406

    Original file (bc-2003-02406.doc) Auto-classification: Approved

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Although the RE code assigned at the time of her separation was accurate, we believe the applicant should be provided the opportunity to apply for enlistment in the armed services. DAVID C. VAN GASBECK Panel Chair AFBCMR BC-2003-02406 INDEX CODE: 112.00 MEMORANDUM...

  • AF | BCMR | CY2003 | BC-2003-02771

    Original file (BC-2003-02771.doc) Auto-classification: Denied

    On 4 December 2000, the commander notified the applicant that he was recommending a discharge for a pattern of minor disciplinary infractions and recommended a general discharge. He received an Article 15 on 14 November 2000 for disorderly conduct, and Record of Individual Counseling (ROC), 29 September 2000, for failure to go to appointed place of duty on time and 31 August 2000, for failure to keep dormitory room in inspection order. At the time members are separated from the Air Force,...

  • AF | BCMR | CY2003 | BC-2003-02770

    Original file (BC-2003-02770.doc) Auto-classification: Denied

    On 2 Jul 98, applicant requested a hardship discharge based on family difficulties. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. Additionally, we note the assigned RE code of 4A is a code that can be waived for prior service enlistment consideration, provided applicant meets all other requirements for enlistment under an existing prior service program, and depending on...

  • AF | BCMR | CY2003 | BC-2003-02213

    Original file (BC-2003-02213.doc) Auto-classification: Denied

    The applicant, while serving in the grade of Airman First Class, was separated from the Air Force under other than honorable conditions (UOTHC) on 27 May 1977. His SPD reveals separation under the provisions of AFR 39-12, Section F, Request for Discharge in Lieu of Trial by Courts-Martial. Pursuant to the Board's request, the Federal Bureau of Investigation, Clarksburg, WV, provided an investigative report which is attached at Exhibit...

  • AF | BCMR | CY2001 | 0003243

    Original file (0003243.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-03243 INDEX CODE: COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to show he was separated to attend school full time in an Officer Training Program. A complete copy of the evaluation is...

  • AF | BCMR | CY2004 | BC-2003-01852

    Original file (BC-2003-01852.doc) Auto-classification: Approved

    ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends that the applicant’s separation code and narrative reason for separation (DD Form 214, Blocks 26 & 28) be changed to “KFF—Secretarial Authority” (see Exhibit C). Therefore, we recommend that the narrative reason for his separation and corresponding separation code be changed to reflect “Secretarial Authority.” 4. BRENDA L. ROMINE Panel Chair AFBCMR BC-2003-01852 MEMORANDUM FOR...

  • AF | BCMR | CY2003 | BC-2003-03451

    Original file (BC-2003-03451.doc) Auto-classification: Denied

    He had completed a total of 9 years and 27 days and was serving in the grade of staff sergeant (E-5) at the time of discharge. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error...

  • AF | BCMR | CY2004 | BC-2003-03104

    Original file (BC-2003-03104.doc) Auto-classification: Denied

    He received a separation designator code of JBK and a RE code of 2X, “First-term, second-term, or career airman considered but not selected for reenlistment under the SRP”. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...

  • AF | BCMR | CY2003 | BC-2003-03104

    Original file (BC-2003-03104.doc) Auto-classification: Denied

    He received a separation designator code of JBK and a RE code of 2X, “First-term, second-term, or career airman considered but not selected for reenlistment under the SRP”. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did...

  • AF | BCMR | CY2003 | BC-2003-03450

    Original file (BC-2003-03450.doc) Auto-classification: Approved

    DAVID C. VAN GASBECK Panel Chair Attachment: Ltrs, HQ AFPC/DPPPOO, dtd 17 Nov 03, and HQ AFPC/DPAMP, dated 4 Nov 03, with attachment AFBCMR BC-2003-03450 INDEX CODE: 102.00 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: The...