RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01014
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2B be  changed  to  allow  him  to
enlist in the United States Armed Forces.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has had ample time to reflect on his past behavior since  his  separation
from military service almost two years ago.  He  is  now  mature  enough  to
meet military guidelines.  He never disrespected his superiors, yet  he  did
not do what was best.  Since  his  separation  from  the  military,  he  has
reached a level of success in the civilian sector.  He  was  a  student  and
business manager, but has a deep desire to be a truly productive  member  in
the armed forces.  He serves in several  church  ministries,  and  feels  he
could be successful in the armed forces.  He would like his RE code  changed
so that he can be eligible to join the United States Army.

In support of the application, the  applicant  submits  personal  statements
and documents related to his civilian employment.  The applicant's  complete
submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

On 13 October 1999, the applicant enlisted in the Regular Air Force  at  the
age of 18 in the grade of airman basic  (E-1)  for  a  period  of  four  (4)
years.  He was promoted to airman first class effective and with a  date  of
rank of 10 March 2000.

On 10 July 2001, the applicant received a letter of counseling  for  failure
to perform physical training as ordered.  On 24 September 2001, he  received
a letter of reprimand for failing to show up on time to guardmount.   On  30
October 2001, he received a letter of reprimand  for  maintaining  his  dorm
room in an unsatisfactory  condition  and  for  failing  to  meet  with  his
superiors.  On  13  December  2001,  the  applicant  received  a  letter  of
reprimand for making an unsatisfactory on a dormitory inspection.
On 21 June 2002, he received an  Article  15  for  violation  of  the  UCMJ,
dereliction  of  duty  in  that  he  negligently  failed  to  maintain  good
housekeeping in his dormitory room.  He was reduced to the grade  of  airman
(suspended until 20 December 2002) and given 30 days extra duty.

On 23 July 2002, the applicant’s suspended reduction to the grade of  airman
was vacated.  This action was taken  due  to  his  dereliction  of  duty  to
maintain good housekeeping in his dormitory room.

On 12 August 2002, the applicant’s commander notified the applicant that  he
was recommending the applicant be separated from the  Air  Force  under  the
provisions  of  AFPD  36-32  and  AFI  36-3208  for   Misconduct   -   Minor
Disciplinary  Infractions.   The  applicant  acknowledged  receipt  of   the
notification and, after consulting military legal counsel, waived his  right
to submit statements in his own behalf.  The commander thereafter  initiated
a recommendation for the applicant’s separation.

In a legal review of the discharge case  file  dated  16  August  2002,  the
Staff Judge Advocate found the file was legally sufficient  and  recommended
that the applicant be separated from the service  with  an  under  honorable
conditions (general) discharge.  On 20 August 2002, the discharge  authority
approved  the  recommended  separation  and  directed   the   applicant   be
discharged for the reasons recommended by his commander, without  the  offer
of probation and rehabilitation.

On 24 August 2002, the applicant was discharged under  honorable  conditions
(general).  He had served 2 years, 10 months, and 12 days  on  active  duty.
An  RE  2B  (separated  with  a  general  or  under  other  than   honorable
conditions) code was assigned.

On 22 October 2003, the  Air  Force  Discharge  Review  Board  reviewed  and
denied the applicant’s request that his discharge be upgraded.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  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, and the discharge was within  the  discretion  of  the
discharge authority.  DPPRS notes the applicant did not submit any  evidence
or identify  any  errors  or  injustices  that  occurred  in  the  discharge
processing, nor did  he  provide  any  facts  warranting  a  change  to  his
reenlistment eligibility  code  or  character  of  service.   HQ  AFPC/DPPRS
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant was provided a copy of the advisory opinion on  23 March  2004
(Exhibit D).  As of this date, no response has been received.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.  After reviewing the applicant’s  submission,  we
believe he has provided sufficient evidence to lead us  to  believe  he  has
made a successful adjustment to civilian life.  In view of this fact and  in
consideration of the applicant’s age and apparent immaturity at the time  of
his enlistment, and the relatively minor infractions  he  committed,  it  is
our opinion that 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.   That  determination
would be made based on the  needs  of  the  service  to  which  he  applies.
Accordingly, we believe the applicant’s records should be corrected  to  the
extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS 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  24
August 2002, his Reenlistment Eligibility (RE) code was 3K.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 28 October 2004, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Martha A. Maust, Member
                 Mr. Michael J. Maglio, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in AFBMCR Docket Number BC-2004-01014:

     Exhibit A.  DD Form 149, dated 26 Mar 04, with attachments.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 Apr 04.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.




                                   RICHARD A. PETERSON
                                   Panel Chair








AFBCMR BC-2004-01014




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 24 August 2002, his Reenlistment Eligibility (RE) code was
3K.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency