RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 02-02394

            COUNSEL:  FREDERICK C. STERN

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE)  Code  of  2C  be  changed  to  allow  his
enlistment in the Air National Guard (ANG).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The record, as it exists, does not truly reflect all  of  the  circumstances
existing at the time of discharge and his circumstances have changed.

The applicant states that he had to leave the Air  Force  early  because  of
severe problems with his wife  and  family  that  affected  his  ability  to
perform his duties to the level of which he was otherwise capable.   He  was
22 years old, recently married,  and  lacked  the  maturity  and  wisdom  to
realize that she was an alcoholic and dysfunctional in other ways.   He  was
hospitalized  after  being  beaten  by  his  wife’s  family   and   remained
emotionally stunned and disoriented for an extended time thereafter.  He  is
now 35 years old and has been divorced for over ten years.  He  is  employed
and functioning well.  The pressures, which affected him at the time of  his
discharge, no longer exist and he has the advantage of 13 years of  maturity
and life experience.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 10 April 1989, the applicant enlisted in the  Regular  Air  Force  for  a
period of four years.

The applicant underwent a  Mental  Health  Evaluation  on  1 February  1990.
Based on the diagnosis of an adjustment disorder with depressed mood  and  a
probable personality disorder not otherwise  specified,  his  discharge  was
recommended.

On 7 February 1990, the applicant’s squadron  commander  recommended  he  be
discharged  for   conditions   that   interfere   with   military   service;
specifically,  a   character   and   behavior   disorder.    The   applicant
acknowledged receipt of the discharge notification and waived his  right  to
consult with counsel and to submit statements in his own behalf.

He was honorably discharged on 13 February 1990,  under  the  provisions  of
AFR 39-10 (Conditions that Interfere with Military Service - Not  Disability
-  Character  and  Behavior  Disorder),  and   was   issued   RE   Code   2C
(Involuntarily separated under AFR 39-10 with an honorable  discharge).   He
completed 10 months and 4 days of active service.
_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical Consultant is of the opinion that no change in the  records
is warranted.  The  BCMR  Medical  Consultant  states,  in  part,  that  the
applicant’s  records   document   a   character   and   behavior   disorder,
characterized by marked psychological distress in response  to  identifiable
stressors, and resolved with  relief  of  the  stressors.   The  applicant’s
letter is compelling; however, he  provides  no  corroborating  evidence  to
support his claim that in the past 12 years  he  has  matured  and  acquired
effective coping skills that would ensure successful service in the ANG.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

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.  In addition,  the  discharge  was
within the discretion of the discharge authority.   The  applicant  did  not
submit any new evidence or identify any errors or injustices  that  occurred
in  the  discharge  processing.   Furthermore,  he  has  provided  no  facts
warranting an upgrade of the discharge he received.

The AFPC/DPPRS evaluation is at Exhibit D.

AFPC/DPPAE states, in part, that the RE  Code  2C  (Involuntarily  Separated
with  an  Honorable   Discharge;   or   Entry   Level   Separation   without
Characterization of Service) the applicant was issued at  the  time  of  his
separation is correct.

The AFPC/DPPAE evaluation is at Exhibit E.
_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 17 January  2003  for  review  and  response  within  30  days.
However, 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  error  or  injustice  warranting  corrective  action.   After
careful review of the circumstances of the applicant’s discharge,  we  found
no evidence  to  indicate  that  his  separation  from  the  Air  Force  was
inappropriate.  Applicant’s assigned RE Code of 2C accurately  reflects  his
involuntary  separation.   Nevertheless,  we   believe   that   there   were
mitigating circumstances that may have affected the applicant’s  ability  to
function in the military environment; i.e., the stressors of his family  and
marital problems.  Noting  the  applicant’s  desire  to  serve  in  the  Air
National Guard, and having no reason to question  his  assertions  that  the
pressures that  affected  him  at  the  time  of  his  discharge  have  been
resolved, a majority of the Board believes that it  would  be  an  injustice
for him to continue to suffer the adverse effects of the  assigned  RE  Code
and that he should be afforded a second chance to serve.  Therefore, in  the
interest of justice, a majority of the Board recommends that his RE code  be
changed to 3K, which 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.  Whether or  not  he
is  successful  will  depend  on  the  needs  of   the   service   and   our
recommendation in no way guarantees that he will be  allowed  to  return  to
any branch of the service.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that at the time of his  discharge  on  13
February 1990, he was issued a Reenlistment Eligibility (RE) code of “3K.”
_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2002-02394
in Executive Session on 13 March 2003 under the provisions of AFI 36-2603:

                       Mr. David W. Mulgrew, Panel Chair
                       Mr. Billy C. Baxter, Member
                       Mr. Clarence D. Long, III, Member



By majority vote, the Board voted to correct the  records,  as  recommended.
Mr. Baxter voted to deny applicant's request but does not wish to  submit  a
minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 24 Sep 02.
    Exhibit D.  Letter, AFPC/DPPRS, dated 9 Oct 02.
      Exhibit E.  Letter, AFPC/DPPAE, dated 27 Dec 02.
      Exhibit F.  Letter, SAF/MRBR, dated 17 Jan 03.




                                   DAVID W. MULGREW
                                   Panel Chair
AFBCMR BC-2002-02394




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 at the time of his
discharge on 13 February 1990, he was issued a Reenlistment Eligibility
(RE) code of “3K.”








JOE G. LINEBERGER

Director

Air Force Review Boards Agency