RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00215
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code 2B be changed so that he may reenter
the service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was misinformed or misunderstood when his told him recruiter that after
six months he could reenlist and get into a different tech school. If he
had known this was not true, he would not have asked for the discharge. He
enlisted in the Air Force because he wanted the experience and education,
but most importantly, to serve his country with respect, honor, dignity and
that has not changed. It is his desire still to do just that.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 3 October 2001 for a period
of six years. Applicant was discharged from the Air Force on 22 March 2002
under the provisions of AFI 36-3208, Administrative Separation of Airmen
(misconduct - minor disciplinary infractions) with an RE code of 2B and
service uncharacterized in the grade of airman basic. He served 5 months
and 20 days of total active military service.
On 26 Nov 01, he was notified by his commander that he was recommending
that he be discharged from the Air Force for misconduct, minor disciplinary
infractions. On 29 January 2002, he received a Letter of Reprimand when he
failed to show up for his physical therapy appointment. On 31 January
2002, he received a Letter of Reprimand when he failed to show up for
physical conditioning, failed to show up for accountability, and failed to
sign out for his appointment. On 14 February 2002, he received an Article
15 when he failed to go at the time prescribed to his appointed place of
duty for morning accountability. Applicant acknowledged receipt of the
notification of discharge on 5 March 2002 and waived his rights to consult
with legal counsel and submit statements in his behalf. The base legal
office reviewed the case file and found it legally sufficient to support
separation. The discharge authority approved the separation and ordered a
general (under honorable conditions) discharge without probation and
rehabilitation. However, he commander should have ordered an entry level
separation/uncharacterized service characterization for misconduct, since
applicant served less that 180 days continuous active service. Applicant’s
DD Form 214 was corrected to reflect that he received an entry level
separation and his service was uncharacterized.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial and states the discharge was consistent with
the procedural and substantive requirements of the discharge regulation,
and was within the discretion of the discharge authority. He did not
submit any new evidence or identify any errors or injustices that occurred
in the discharge processing.
AFPC/DPPRS complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A of the Air Force evaluation was forwarded to the applicant on 5 March
2004 for review and comment within 30 days. 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 timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After careful consideration of the
applicant's request and the available evidence of record, we find no
evidence of an error or injustice that would warrant a change in his RE
code. In our opinion, given the multiplicity of the offenses he committed
against the good order and discipline of the service, and the short period
of time in which he served, the RE code appears to be proper and in
compliance with the appropriate directives. Therefore, in the absence of
persuasive evidence to the contrary, we are not inclined to recommend
favorable consideration of his request.
_________________________________________________________________
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 Docket Number BC-2004-00215
in Executive Session on 13 April 2004, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. James W. Russell, III, Member
Ms. Kathleen F. Graham, Member
Ms. Graham and Mr. Russell voted to deny the appeal; Mr. Gallogly recused
himself from voting.
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Dec 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 2 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 5 Mar 04.
MICHAEL K. GALLOGLY
Panel Chair
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