Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-02375
Original file (BC-2003-02375.doc) Auto-classification: Denied

                       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


Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-00768

    Original file (BC-2003-00768.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPPAE states, in part, that the RE Code of “2B” accurately identifies the applicant’s involuntary separation with a general discharge. The AFPC/DPPRS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS: Complete copies of the Air Force evaluations were forwarded to the applicant on 30 May 2003 for review and...

  • AF | BCMR | CY2003 | BC-2003-00972

    Original file (BC-2003-00972.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00972 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be upgraded to allow his enlistment in the Armed Forces. In support of the appeal, the applicant submits letters of recommendation. The AFPC/DPPAE evaluation is at Exhibit...

  • AF | BCMR | CY2003 | BC-2002-02385

    Original file (BC-2002-02385.doc) Auto-classification: Denied

    The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. The applicant submitted a request to the Air Force Personnel Board (AFPB) to change his reenlistment code. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).

  • AF | BCMR | CY2004 | BC-2002-02385

    Original file (BC-2002-02385.doc) Auto-classification: Denied

    The applicant submitted a request to the Air Force Discharge Review Board (AFDRB) to have his under honorable conditions (general) discharge upgraded to honorable. The applicant submitted a request to the Air Force Personnel Board (AFPB) to change his reenlistment code. Based on the information and evidence provided they recommend the applicant's request be denied (Exhibit D).

  • AF | BCMR | CY2003 | BC-2003-01751

    Original file (BC-2003-01751.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01751 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to honorable. The Air Force Discharge Review Board (AFDRB) considered and denied his request for an upgrade of his discharge on 7 March 1995. After thoroughly reviewing the...

  • AF | BCMR | CY2003 | BC-2003-02214

    Original file (BC-2003-02214.doc) Auto-classification: Denied

    On 22 May 2003, the Air Force Discharge Review Board (AFDRB) considered and denied his request that his discharge be upgraded to honorable and his RE Code and reason and authority for discharge be changed. The AFPC/DPPAE evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS: He will always have a mark against him as long as his records remain unchanged. Exhibit B.

  • AF | BCMR | CY2003 | BC-2003-01765

    Original file (BC-2003-01765.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01765 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code be changed to allow his enlistment into the armed forces. Applicant’s complete submission is at Exhibit A. The applicant has provided no evidence showing that his assigned RE code is in error or contrary to the...

  • AF | BCMR | CY2003 | BC-2003-00912

    Original file (BC-2003-00912.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00912 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code of 2B, “Separated with a general or under-other-than-honorable-conditions (UOTHC) discharge,” be changed. For these actions, she received an LOR, which was placed in her existing UIF. ...

  • AF | BCMR | CY2002 | BC-2002-02057

    Original file (BC-2002-02057.DOC) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: Because the Air Force Discharge Review Board (AFDRB) upgraded his discharge from “Under Honorable Conditions (General)” to “Honorable,” his reentry code and narrative reason for separation should be changed to allow him to re-enter active military service. The DPPRS evaluation is at Exhibit C. AFPC/DPPAE reviewed the applicant’s case and concludes that the RE code of 2C is correct. The DPPAE...

  • AF | BCMR | CY2001 | 0100944

    Original file (0100944.doc) Auto-classification: Denied

    For this misconduct, he received a Letter of Reprimand (LOR) on 14 Aug 95. c. On or about 7 Aug 95, he failed to go to a mandatory appointment. A legal review was conducted by the Deputy Staff Judge Advocate (SJA) who found the applicant’s file legally sufficient to support the commander’s recommendation that the applicant be discharged from the Air Force for Minor Disciplinary Infractions with a General discharge. A complete copy of the Air Force evaluation is attached at Exhibit...