RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  2004-00569
            INDEX CODE: 110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from  2B  to  3K  or  some
other waiverable code.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He received an Article 15, and requested his discharge from the  Air  Force.
He was told if he accepted the  Article  15,  he  would  receive  a  general
discharge.  While working with a recruiter, he discovered that the  RE  code
2B does not allow him to enlist in any branch of military service.   He  has
matured during the six-plus years since his discharge.   His  ignorance  and
immaturity at the time should not prevent him from serving his country.

In  support  of  the  application,  the  applicant  submits  his  separation
document  (DD  214),   Individual   Quality   Control   Records,   Selective
Reenlistment Recommendation, Air Force Good Conduct Medal  Certificate,  and
three (3) Letters of Recommendation and Character References.

The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18 June 1993 at  the  age
of 18 in the grade of airman basic for a  period  of  four  years.   He  was
progressively promoted to the grade of senior airman with a date of rank  of
18 June  1996.   He  received  three  Enlisted  Performance  Reports  (EPRs)
closing 28 June 1995, 28 June 1996, and 28 June 1997, in which  the  overall
ratings were “4.”

On 2 July 1996 the applicant received a Letter of  Reprimand  (LOR)  because
he failed to attend a mandatory formation (Commander’s  Call).   On  9  July
1996, the  applicant  received  an  LOR  because  he  was  derelict  in  the
performance of his official duties by failing to turn in off  base  receipts
in a timely manner.  On 28 July 1996 the applicant received an  LOR  because
he failed to attend a mandatory Cycle Ergometry Testing appointment.   On  2
September 1997, the applicant’s  commander  imposed  nonjudicial  punishment
against  him  under  Article  15,  UCMJ,  for  disrespecting  his   superior
commissioned officer by failing to give a proper salute, and  contemptuously
turning from and leaving him before he properly returned his  salute  during
an awards ceremony in the presence of his peers.  The applicant was  reduced
to the grade of airman first class on 10 September  1997,  and  a  suspended
reduction to the grade of airman until 10 March 1998.

On 30 September 1997, the applicant’s commander notified  him  that  he  was
recommending he be discharged from the Air Force  under  the  provisions  of
AFPD 36-32 and AFI 36-3208 for Pattern of  Misconduct  Prejudicial  to  Good
Order and Discipline.   The  applicant  was  advised  of  his  rights.   The
applicant acknowledged receipt of notification  and  waived  his  rights  to
consult counsel and submit statements in  his  own  behalf.   The  discharge
case file was reviewed by the Wing  Staff  Judge  Advocate,  and  was  found
legally  sufficient.   The  discharge  authority  approved  the  recommended
separation on 14 October 1997, and directed that the applicant be  separated
with a general discharge without the offer of probation and rehabilitation.

On 25 October 1997 the applicant was discharged under  honorable  conditions
under the provisions of AFI 36-3208 (Misconduct).   He  served  four  years,
four months, and seven days on active duty.  An RE 2B (Separated with  other
than an honorable discharge) code was assigned.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial of the applicant’s  request.   DPPRS  stated
that based on the documentation on file in  the  master  personnel  records,
the  discharge  was  consistent  with   the   procedural   and   substantive
requirements of the discharge regulation.   The  discharge  was  within  the
discretion of the discharge authority.  They also note  that  the  applicant
did not submit any new evidence or identify any errors  or  injustices  that
occurred in the discharge processing.  He provided  no  facts  warranting  a
change to  the  character  of  service  or  a  change  to  his  reenlistment
eligibility code.  The DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he joined the Air  Force  in  June  1993  and  was
dedicated to doing his best.   He  was  the  honor  graduate  of  his  basic
training class, excelled at all of  his  on-the-job  training  requirements,
received  high  scores  for  his  quality  control  evaluations,   and   was
recognized as “best of the best” during some field exercises.



After he received the Article 15 and reduction in  rank,  he  requested  his
discharge from the Air Force.  The request was made in haste and  ignorance.
 He received letters from  his  flight  sergeant  praising  his  ability  to
perform his duties.  He has done well since leaving the Air Force,  and  has
grown in age, wisdom, and patriotism over the  past  six  years.   He  would
appreciate the opportunity to serve his country and be the  soldier  he  was
meant to be.

The applicant’s complete 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 excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.  After reviewing the applicant’s submission,  the
majority of the Board is of the opinion  that  the  applicant  has  provided
sufficient evidence to lead them to conclude that  in  the  years  following
his separation, he has made a successful  adjustment  to  civilian  life  as
evidenced  by  the  character  references  submitted  in  support   of   his
application.  In view of this fact and in consideration of  the  applicant’s
age and apparent immaturity at the time  of  his  enlistment,  the  majority
believes he should be given the  opportunity  to  apply  for  enlistment  by
changing his RE code to “3K,” a waiverable code.   An  RE  “3”  series  code
will permit him to apply  for  enlistment  and,  should  he  have  desirable
skills and be otherwise medically qualified, the  United  States  Air  Force
may elect  to  waive  his  ineligibility  and  allow  him  to  enlist.   The
applicant should understand that this RE code change  in  no  way  obligates
the Air Force or any other service branch  to  accept  him  for  enlistment.
Therefore the majority recommends his records be  corrected  to  the  extent
indicated below.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on the time of his  discharge  on  25
October 1997, he was issued a Reenlistment Eligibility  (RE)  code  of  “3K”
rather than “2B.”
_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 23 June 2004, under the provisions of AFI 36-2603:


      Mr. Thomas S. Markiewicz, Chair
      Ms. Barbara R. Murray, Member
      Ms. Cheryl V. Jacobson, Member

By a majority vote, the Board voted to correct the records  as  recommended.
Ms. Murray voted to deny the applicant’s request and elected not  to  submit
a minority report.  The following documentary  evidence  was  considered  in
AFBCMR Docket Number BC-2004-00569:

      Exhibit A.  DD Form 149, dated 2 Feb 04, with attachments.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 16 Mar 04.
      Exhibit D.  Letter, SAF/MRBC, dated 19 Mar 04.
      Exhibit E.  Letter, Applicant, undated.





                 THOMAS S. MARKIEWICZ
                 Chair





AFBCMR BC-2004-00569




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 APPLICANT, be corrected to show that at the time of his
discharge on 25 October 1997, he was issued a Reenlistment Eligibility (RE)
code of “3K” rather than “2C.”




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency