RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02375
INDEX CODE: 100.3, 100.06
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was told that he could reenlist after two years of non-service. He
is interested in joining the Army and his recruiter told him that his
separation code and RE code did not match up.
In support of his request, applicant provided a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty and a copy
of a Legal Review-Discharge letter.
Applicant’s complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 15 December 1994 in
the grade of airman basic. On 15 March 1996, the applicant was
notified by his commander he was recommending that he be discharged
from the Air Force under the provisions of AFI 36-3208, Administrative
Separation of Airmen, (Misconduct-Pattern of Minor Disciplinary
Infractions), with a general (under honorable conditions) discharge.
Basis for the action was a Letter of Counseling (LOC) on 10 October
1995 for writing four delinquent checks, a LOC on 10 October 1995 for
failure to obey a lawful order to obtain a USAF motor vehicle ID card,
a Letter of Reprimand (LOR) and Unfavorable Information File (UIF) on
15 November 1995 for failure to report to duty on time, a LOR on 15
November 95 for sleeping on post, a LOR 18 December 1995 for
appearance and uniform in unacceptable condition and a LOR on 5 March
1996 for failure to attend mandatory training. The case was reviewed
by legal services and found to be legally sufficient to support
discharge. Because efforts to improve his performance met with
negative results, his commander did not recommend probation and
rehabilitation (P&R). He was separated from the Air Force on 4 April
1996 with a general (under honorable conditions) discharge. He was
issued a RE code of 2B “Separated with a general or under other than
honorable conditions (UOTHC) discharge”. He served 1 year, 3 months,
and 20 days on active duty.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. Based upon the documentation in the
file, the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The applicant did not
submit any new evidence or identify any errors or injustices that
occurred in the discharge processing.
A complete copy of the evaluation is at Exhibit C.
AFPC/DPPAE recommends denial. The RE code of 2B, “Separated with a
general or under other than honorable conditions discharge” is
correct. Waivers of RE codes for enlistment are considered and
approved based on the needs of the respective military service and
recruiting initiatives at the time of the enlistment inquiry.
A complete copy of the DPPAE evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
21 Nov 2003 for review and comment 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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendations of the Air
Force offices of primary responsibility and adopt their rationale as
the basis for our conclusion that the applicant has not been the
victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in 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 AFBCMR Docket Number BC-
2003-02375 in Executive Session on 6 January 2004, under the
provisions of AFI 36-2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. James W. Russell III, Member
Mr. J. Dean Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 1 Aug 03.
Exhibit D. Letter, AFPC/DPPAE, dated 8 Oct 03.
Exhibit E. Letter, SAF/MRBR, dated 21 Nov 03.
PEGGY E. GORDON
Panel Chair
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