RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-03675
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded to
honorable and his separation and reenlistment eligibility (RE) codes
be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is considering reenlisting and/or perusing a GS employment slot.
Applicant did not provide any documents in support of his appeal.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 24 July 1986. The
applicant received five Airman Performance Reports (APRs), in which
the overall evaluations were 8,9,9,9, and 9.
On 18 September 1987, the commander notified the applicant he was
being recommended for discharge because of a pattern of misconduct --
discreditable involvement with military and civil authorities. The
misconduct covered the period from 9 June 1986 to 10 June 1987.
Applicant was convicted in Magistrate Court in Ipswich UK, on 22 June
1986 for numerous motor vehicle violations and failing to have
liability insurance. He was fined and his driving privileges were
suspended for a year. On 27 May 1987 and 29 June 1987, applicant
tested positive for marijuana use. The latter resulted in an Article
15 and punishment included reduction to senior airman, forfeiture of
$300 and 45 days extra duty. Records indicate he had been counseled
many times for failure to pay bills on time, and he wrote numerous
checks that were returned for insufficient funds. Applicant consulted
legal counsel but did not submit statements. In view of the continued
misconduct and failure to respond to various corrective efforts, the
commander indicated probation and rehabilitation (P&R) were not
recommended. The base legal office reviewed the case and found it
legally sufficient to support the discharge. The discharge authority
ordered a general discharge without P&R.
The applicant, while serving in the grade of airman first class, was
discharged from the Air Force on 23 October 1987, under the provisions
of AFI 39-10 (pattern of discreditable involvement with military or
civil authorities) and received an under honorable conditions
(general) discharge. He was assigned a reenlistment eligibility (RE)
code of 2B “Separated with a general or under-other-than-honorable-
conditions (UOTHC) discharge.” He had served 1 year and 3 months on
active duty.
_________________________________________________________________
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. Therefore, they recommend denial of
applicant’s request.
A complete copy of the evaluation is attached at Exhibit C.
AFPC/DPPAE states that RE code of 2B is correct.
A complete copy of their evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 January 2003, copies of the Air Force evaluations were forwarded
to the applicant for review and response 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. Evidence has not been presented
which would lead us to believe the applicant’s discharge was erroneous
or unjust. The reasons discharge proceedings were initiated against
the applicant are well documented in the record. The applicant has
provided no evidence showing the information in his discharge case
file is erroneous, that his substantial rights were violated, or that
his commanders abused their discretionary authority. In the absence
of such evidence, we have no basis on which to favorably consider 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 in
Executive Session on 19 February 2003, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Vice Chair
Ms. Kathleen F. Graham, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Oct 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 4 Dec 02.
Exhibit D. Letter, AFPC/DPPAE, dated 17 Dec 02.
Exhibit E. Letter, AFBCMR, dated 3 Jan 03.
THOMAS S. MARKIEWICZ
Vice Chair
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