RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01870
            INDEX CODE:       100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to allow  enlistment
in the Reserves.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force members questioned prior to his discharge  had  impaired
judgment  from  drinking  alcohol  and  lack  of  sleep.   His  friend
pressured him to use his key while they were intoxicated.

In support of his request, applicant provided a personal statement,  a
copy of documents pertaining to his work history and  a  copy  of  his
Bachelor of Science Degree.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16  December  1983,
for a term of 4 years.  On 20 December 1985, he was  notified  of  his
commander’s intent to recommend that he be  discharged  from  the  Air
Force under the provisions of AFR 39-10, Administrative Separation  of
Airmen, (Misconduct-other serious offenses) with a general  discharge.
The reason for this action was that on 31 October 1985, he  unlawfully
entered a female airman’s barracks  room  for  which  he  received  an
Article 15.  He consulted with counsel and submitted  a  statement  in
his 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.  He was separated from
the Air Force on 27  December  1985,  with  a  general  discharge  and
received an RE code of 2B “Separated with a  general  or  under  other
than honorable conditions discharge”.  He served 2 years and  12  days
on active duty.

On 13 April 1986, the applicant submitted an application  to  the  Air
Force Discharge Review Board (DRB) requesting his general discharge be
upgraded to honorable.  On 20 May 1987, the  DRB  concluded  that  the
applicant’s service was more  accurately  reflected  by  an  honorable
discharge.  The DRB upgraded his discharge to honorable, but on 21 May
1987, the Secretary of the Air Force, based on a  recommendation  from
the Air Force Personnel Board denied his 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 his discharge to honorable, he was issued an  RE  code
of 2C “Involuntarily separated with an honorable discharge;  or  entry
level separation without characterization of service” to coincide with
his honorable discharge.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon  the  documentation  in  the
file, the discharge was consistent with the procedural and substantive
requirements of the discharge regulation.  The  discharge  was  within
the discretion of the discharge authority.  Applicant did  not  submit
any evidence or identity any errors or injustices that occurred in the
discharge processing.  His separation was involuntary and he  provided
no facts warranting a change to his RE code.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he was punished for his poor  judgment,  has
learned from the incident.  His post service  accomplishments  include
completion of a Bachelor of Science in Electrical Engineering in 1991.
 He also manages rental properties and a small business. If given  the
opportunity to serve again,  will  honor  the  privilege  and  conduct
himself in a professional manner at all times.

His complete submission is 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 error or injustice.  Based on the actions taken by the
Discharge Review Board to change his characterization  of  service  to
honorable, his post service accomplishments and his desire to serve in
the Armed Forces, the Board believes that his RE code of  "2C"  should
be changed to "3K", which is a waiverable code and will allow  him  to
apply for enlistment.  Whether or not he is successful will depend  on
the needs of the service and our recommendation in no  way  guarantees
that  he  will  be  allowed  to  return  to  any  branch  of  service.
Accordingly, we recommend that his records 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 at the  time  of  his
discharge  on  27  December  1985,  he  was  issued  an   Reenlistment
Eligibility (RE) code of "3K".

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
01870 in Executive Session on 10 August 2004, under the provisions  of
AFI 36-2603:

                 Mr. John L. Robuck, Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Ms. Carolyn B. Willis, Member

All  members  voted  to  correct  the  record,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 20 May 04 w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, SAF/DPPRS, dated 25 Jun 04.
      Exhibit D. Letter, SAF/MRBR, dated 1 Jul 04.
      Exhibit E. Letter, Applicant, dated 26 Jul 04.



      JOHN L. ROBUCK
      Panel Chair
AFBCMR BC-2004-01870




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 27 December 1985, he was issued an Reenlistment Eligibility
(RE) code of “3K”.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency