RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01605
INDEX CODE: 100.03, 100.06
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility (RE) code be changed to allow re-
enlistment.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her service was wrongly identified and because of this injustice her
discharge was upgraded to honorable. Her service to the Air Force was
honorable and therefore should reflect in her RE code.
In support of her request, applicant provided a personal statement,
Air Force Discharge Review Board Decision Documentation, and DD Form
214, Certificate of Release or Discharge from Active Duty.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 9 October 1997, for
a term of 4 years. On 11 April 2001, she was notified of her
commander’s intent to recommend that she be discharged from the Air
Force under the provisions of AFI 36-3208, Administrative Separation
of Airmen, (Minor disciplinary Infractions) with a general discharge.
The reason for this action was that on 3 April 2001, she received an
Article 15 for failure to go at the time prescribed to her appointed
place of duty; an Article 15 on 2 March 2001, for failure to pay just
debts and with the intent to deceive, making a false statement; a
Letter of Reprimand (LOR) on 29 March 2001, for failure to go; a LOR
on 14 March 2001, for failure to pay just debt; and a LOR on 15 May
2000, for reckless driving. She was advised of her rights in this
matter and acknowledged receipt of the notification on 11 April 2001.
She consulted with counsel and submitted a statement in her own
behalf. In a legal review of the case file, the base legal office
found the case legally sufficient to support discharge. The discharge
authority approved the separation and ordered a general discharge
without probation and rehabilitation. She was separated from the Air
Force on 13 April 2001, with a general discharge and received an RE
code of 2B “Separated with a general or under other than honorable
conditions discharge”. She served 3 years, 6 months and 13 days on
active duty.
On 26 October 2001, the applicant submitted an application to the Air
Force Discharge Review Board (DRB) requesting her general discharge be
upgraded to honorable, a change of reason for separation and a change
of RE code. On 24 February 2003, the applicant and her counsel
appeared before the DRB. The DRB concluded that the positive aspects
of the applicant’s duty performance outweighed the negative and that
the characterization of the member’s service justified an upgrade to
honorable. The DRB upgraded her discharge to honorable, changed her
reason for discharge to secretarial authority, but denied her request
for a change of RE code. (Exhibit B)
The applicant was initially issued RE code 2B “Separated with a
general or under the other than honorable conditions discharge. Since
the DRB changed her discharge to honorable, she was issued an RE code
of 2C “Involuntarily separated with an honorable discharge; or entry
level separation without characterization of service” to coincide with
her honorable discharge.
_________________________________________________________________
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 error or injustice. Based on the actions taken by the
Discharge Review Board to change her characterization of service to
honorable, her post service accomplishments and her desire to serve in
the Air Force, the Board believes that her RE code of "2C" should be
changed to "3K", which is a waiverable code and will allow her to
apply for enlistment. Whether or not she is successful will depend on
the needs of the service and our recommendation in no way guarantees
that she will be allowed to return to any branch of service.
Accordingly, we recommend that her records be corrected to the extent
indicated below.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that at the time of her
discharge on 13 April 2001, she was issued an Reenlistment Eligibility
(RE) code of "3K".
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-
01605 in Executive Session on 15 July 2004, under the provisions of
AFI 36-2603:
Mr. David W. Mulgrew, Panel Chair
Mr. James E. Short, Member
Mr. Gary G. Sauner, Member
All members voted to correct the record, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 May 04 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, SAF/MRBR, dated 28 May 04.
DAVID W. MULGREW
Panel Chair
AFBCMR BC-2004-01605
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 her
discharge on 13 April 2001, she was issued an Reenlistment Eligibility (RE)
code of “3K”.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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