RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER: BC-2003-02860
                                        INDEX CODE 100.06
                                        COUNSEL:  American Legion

                                        HEARING DESIRED:  Not Indicated


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed so he can reenlist.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He was not treated properly while in  the  service.   He  has  not  had  any
problems in the civilian world. He has not found full-time employment  since
leaving the military. He would like to try for  a  career  now  that  he  is
older and better able to manage personal relations with others.

In support of the appeal, the applicant  submits  a  personal  statement,  a
resume, military certificates and some post-service information.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  15  Nov  90  and  was
assigned to the 57th Fighter Interceptor Squadron.

On 8 Jul  92,  the  commander  notified  the  applicant  of  his  intent  to
recommend him for a general discharge  for  a  pattern  of  misconduct.  The
commander cited the following reasons:

            An Article 15 on 27 Mar  91  for  wrongfully  consuming  alcohol
while under age 21, not complying with lights out, and biting  a  person  on
the neck on 22 Mar 91.

            A Record of Counseling (ROC) on 29 Oct  91  for  reporting  late
for work that day.

            A Memo for Record of counseling on 31 Oct 91 for reporting  late
for duty that day, his second incident within two days.

            A Letter of Reprimand  (LOR)  on  2  Mar  91  for  assaulting  a
sergeant on 15 Feb 91. The LOR was  placed  in  an  Unfavorable  Information
File (UIF) and the applicant was placed on the Control Roster.

            ROCs on 23 and 24 Apr 92 for reporting late  to  work  on  those
days.

            An Article 15 on 26 Jun 92 for grabbing a  sergeant  around  the
neck with both hands on or about 6 Jun 92.

            An ROC on 1 Jul 92 for being late for work that day.

The applicant acknowledged receipt and his  rights  but  did  not  submit  a
statement in his behalf.

The Recommendation Letter and  Legal  Review  could  not  be  found  in  the
available records. However, on 22 Jul 92, the discharge  authority  directed
the applicant’s  general  discharge  without  probation  and  rehabilitation
(P&R).

On 7 Aug 92, the applicant was discharged in the grade of airman  basic  for
misconduct with a general  characterization  of  service  after  1  year,  8
months and 23 days of active service. He received an  unwaiverable  RE  code
of 2B, meaning: “Separated with  a  general  or  under-other-than-honorable-
conditions (UOTHC) discharge.”  The  discharge  characterization  drove  the
type of RE code the applicant received.

On 1 May 03, in a personal appearance, the Air Force Discharge Review  Board
(AFDRB) denied the applicant’s request for  an  honorable  discharge  and  a
change in RE code.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS believes the discharge was consistent with the procedural  and
substantive requirements of the discharge  regulation  and  was  within  the
discharge authority’s discretion. The applicant has not  submitted  evidence
of errors or injustices. As he has provided no facts warranting a change  in
his discharge, denial is recommended.  [Note: Although DPPRS  states  DPPAES
will address the RE code, no advisory was provided from that office. The  RE
issue is addressed in the Statement of Facts.]

A complete copy of the evaluation is attached at Exhibit C.

______________________________________________________________

APPLICANT’S REVIEW OF EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 7 Nov 03 and to counsel on 1 Dec 03 for  review  and  comment  within  30
days.

The applicant provided a response, claiming he is in college  and  hopes  to
get  a  job  in  robotics  when  he  graduates.  As  a  National  Republican
Congressional Committee Majority Gold Member, he handled  responsible  tasks
given him by the committee chairman. He would not have the same problems  if
he returned to the military.

A complete copy of the applicant’s response is at Exhibit E.

______________________________________________________________

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 waive the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice.  The applicant’s  contentions  are  duly
noted; however, we conclude they have not overcome the  evidence  of  record
or the rationale of the Air Force.  At the time members are  separated  from
the military, they are furnished an RE code predicated upon the  quality  of
their service and the circumstances of their separation.  After  a  thorough
review of the evidence of record, we  conclude  the  general  discharge  was
appropriate given the applicant’s misconduct and that  the  RE  code,  which
was driven by the discharge, is correct.  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 this application in  Executive
Session on 22 January 2004 under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Gregory H. Petkoff, Member
                 Mr. Albert C. Ellett, Member

The following documentary evidence regarding AFBCMR Docket  Number  BC-2003-
02860 was considered:

      Exhibit A.  DD Form 149, dated 18 Jun 03, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 3 Oct 03.
      Exhibit D.  Letters, SAF/MRBR, dated 7 Nov & 1 Dec 03.
      Exhibit E.  Letter, Applicant, undated (received 13 Dec 03).





                                             MICHAEL K. GALLOGLY
                                             Panel Chair