RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01726
INDEX CODE: 112.10
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His separation code of KND (discharge) be changed to read MND (release from
active duty) and his reenlistment eligibility (RE) code of 2X be changed to
1J.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His separation was voluntary. He had a letter from a potential civilian
employer stating that if he was released from active duty military service
he would be given a position. He wants to enlist in the Air National Guard
and serve his country honorably, as he did during his prior time in
service. He was not aware of the disparaging RE code. In support of the
application, the applicant submits his application. The applicant's
complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 10 January 1991, the applicant enlisted in the Regular Air Force at the
age of 22 and reenlisted on 24 February 1994 for a period of 4 years. He
was progressively promoted to the grade of senior airman (E-4), effective
and with a date of rank of 10 November 1992. On 15 November 1996, he was
notified by his commander that he was not being recommended for promotion
to Staff Sergeant because he refused to comply with the requirements of
Airman Leadership School (ALS). On 14 January 1997, he was denied receipt
of the Air Force Good Conduct Medal for the period of 4 November 1996
through 15 November 1996.
The following is a resume of his Enlisted Performance Reports (EPRs),
commencing with the report closing 29 September 1992.
PERIOD ENDING PROMOTION RECOMMENDATION
29 Sep 1992 5
29 Sep 1993 4
29 Sep 1994 4
15 May 1995 5
15 May 1996 3
30 Apr 1997 3
On 21 January 1997, the applicant was not recommended for reenlistment by
his supervisor because he refused to comply with ALS requirements. The
applicant’s commander concurred with the supervisor’s requested action.
The applicant elected not to appeal this action.
On 1 August 1997, the applicant was discharged from the Air Force under the
provisions of AFI 36-3208, Administrative Separation of Airmen
(miscellaneous/general reasons) with an honorable discharge, a separation
code of KND and an RE code of 2X (first term second term airman, or career
airman considered by not selected for reenlistment under the SRP). He had
served 6 years, 6 months, and 22 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states the discharge and separation
code are consistent with the procedural and substantive requirements of the
discharge regulation. DPPRS opines the separation was within the
discretion of the discharge authority, and separation code and narrative
reason for separation are correct. 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 separation or RE code.
DPPRS states a Records Transmittal Request on file indicates applicant
submitted an Airman’s Request for Early Separation/Separation Based on
Change in Service Obligation; however, the request is not on file in the
applicant’s master personnel records. The applicant’s voluntary request to
separate effective 1 August 1997 was approved. DPPRS evaluation is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the applicant for
review and comment on 25 June 2004. As of this date, this office has
received no response (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. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting changes to the applicant’s
reenlistment code and narrative reason for his separation. Applicant’s
contentions are duly noted; however, we are not persuaded that the
applicant has been the victim of an error or injustice. At the time
members are separated from the Air Force, they are furnished RE and
separation codes predicated upon the quality of their service and
circumstances of their separation. After a thorough review of the evidence
of record, we believe that given the circumstances surrounding the
applicant’s separation, the RE and separation codes issued were in
accordance with the appropriate directives. Absent evidence by the
applicant showing the contrary, we find no basis to favorably consider his
request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 this application in Executive
Session on 4 December 2004, under the provisions of AFI 36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Ms. B. J. White-Olson, Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2004-01726:
Exhibit A. DD Form 149, dated 8 Apr 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 18 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 25 Jun 04.
MARILYN M. THOMAS
Vice Chair
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