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AF | BCMR | CY2004 | BC-2004-00151
Original file (BC-2004-00151.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00151
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    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 to a RE code of 1A which will enable her to reenter  the
Air Force.

___________________________________________________________________

APPLICANT CONTENDS THAT:

She was told that she would be able to return to the  military,  if
she so desired.  She tried to enlist into the  Air  National  Guard
(ANG) and was advised her RE code was the only thing  stopping  her
from enlisting.

She has now resolved the circumstances  surrounding  her  discharge
from the military.

Applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  27  Aug  97  for  a
period of four years in the grade of airman basic.   Prior  to  the
events under review, applicant was promoted to the grade of  airman
first class with an effective date and date of rank of 1 Dec 98.
She received  one  enlisted  performance  report  with  an  overall
promotion recommendation of 3.

On 27 Oct 99, applicant received an Article 15 for, between  on  or
about (o/a) 1 Oct 98 and o/a 2 Sep 99, violating a  lawful  general
regulation by  wrongfully  failing  to  pay  her  American  Express
Government Travel Card bill upon receipt of her monthly  statement.
The Article 15 punishment imposed on  the  applicant  consisted  of
reduction to the grade of airman.

On 30 Nov 99, the squadron commander recommended  discharge  action
against  the   applicant   for   Misconduct,   Minor   Disciplinary
Infractions.  The specific reasons for  the  proposed  action  were
based on the incidents listed above.  On 2 Dec  99,  the  discharge
authority approved  a  general  discharge,  without  probation  and
rehabilitation.

On 26 Dec 99, the applicant was discharged under the provisions  of
AFI 36-3208 by reason of misconduct, with service characterized  as
general (under honorable conditions), and was issued  RE  code  2B.
She served 2 years, 3 months, and 25 days on active duty.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
Based on the limited documentation in the  applicant’s  file,  they
found it difficult to determine if all procedural  and  substantive
requirements of the discharge regulation were  met.   Additionally,
the discharge was within the  sound  discretion  of  the  discharge
authority.  They also noted that the applicant did not  submit  any
evidence or identify any errors or injustices that occurred in  the
discharge processing nor did she provide any  facts  warranting  an
upgrade of her discharge.

The complete Air Force evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 20 Feb 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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.  The RE code of 2B  accurately
reflects the applicant’s  involuntary  separation  with  a  general
(under honorable conditions) discharge.  The  applicant’s  failures
to pay her Government Travel card led to her reduction in grade and
subsequent discharge.  After a thorough review of the evidence of
record, we believe that given  the  circumstances  surrounding  the
applicant’s separation, the RE code issued was in  accordance  with
the  appropriate  directives.   Nevertheless,  in   reviewing   the
applicant’s  overall  record,  it  appears  that,  except  for  the
misconduct which led to her discharge, she had been a good  airman.
In addition, the  evidence  indicates  that  this  was  a  one-time
incident.  Therefore, we believe she  should  be  afforded  another
opportunity to serve and therefore recommend her RE code of  2B  be
changed to 3K.  RE code 3K is a code that can be waived  for  prior
service enlistment consideration,  provided  she  meets  all  other
requirements  for  enlistment  under  an  existing  prior   service
program, and based on the  needs  of  the  service.   We  therefore
recommend applicant’s records be corrected as indicated below.   We
considered her request for an RE code of “1A”; however based on the
circumstances surrounding her separation, we do not believe that  a
further upgrade of her RE code is warranted.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that  the  Reenlistment
Eligibility (RE) code,  issued  in  conjunction  with  her  general
(under honorable conditions) discharge on  26  December  1999,  was
“3K.”

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2004-00151 in Executive Session on  29  April  2004,  under  the
provisions of AFI 36-2603:

      Mr. Jackson A. Hauslein Jr., Panel Chair
      Mr. James W. Russell III, Member
      Mr. Richard A. Peterson, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 12 Jan 04.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 Feb 04.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 04.




                                   JACKSON A. HAUSLEIN JR.
                                   Panel Chair



AFBCMR BC-2004-00151




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 XXXXXXX, XXXXXXX, be corrected to show  that  the
Reenlistment Eligibility (RE) code, issued in conjunction with  her
general (under honorable conditions) discharge on 26 December 1999,
was “3K.”







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



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