RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-02519
            INDEX NUMBER: 112.10

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of “2C” be changed  to  a  waiverable
code so that he may join the Coast Guard (CG).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

In view of his accomplishments since his discharge, his RE  code  should  be
changed based on clemency.

In support  of  the  appeal,  applicant  submits  a  Police  Basic  Training
completion  certificate  from  Kirtland  Community  College,   his   college
transcript, a Michigan  State  Police  Student  Performance  Record,  and  a
Certificate of Training for completion  of  PPCT  Defensive  Tactics  System
Basic Certification.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  19
July 1995.  On 25 August 1995, the commander notified him that he was  being
recommended for discharge for  entry-level  performance  and  conduct.   The
bases for the proposed action were  applicant’s  failure  to  adapt  to  the
military environment, failure to make satisfactory progress  in  a  required
training program, reluctance to make the effort necessary to meet Air  Force
standards of conduct and duty performance, lack of self-discipline, and  two
Letters  of  Reprimand  (LORs)  for  minor  disciplinary  infractions.    He
received an uncharacterized entry  level  separation  from  the  Air  Force,
under the provisions of AFI 36-3208 (Entry Level Performance  and  Conduct),
and was issued an RE code of  2C  (involuntarily  separated  with  an  entry
level separation without characterization of service) and a separation  code
of JGA (Entry Level).  He completed 1 month and 13 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and  states,  in  part,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was within the sound  discretion
of the discharge authority and applicant has not submitted any new  evidence
or identified any errors  or  injustices  that  occurred  in  the  discharge
processing.   Airmen  are   given   entry-level   separation/uncharacterized
service characterization when separation is initiated in the first 180  days
of continuous active  service.   Applicant’s  uncharacterized  character  of
service is correct.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 27 August 2004 for review and response within 30 days.   However,  as  of
this date, this office has received no response.

_________________________________________________________________

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 error or injustice to  warrant  upgrading  the  applicant’s  RE
code.  In this respect, a majority  of  the  Board  notes  that  applicant’s
discharge  appears  to  be  in  compliance  with  the  governing  Air  Force
Instruction in effect at  the  time  of  his  separation  and  that  he  was
afforded all the rights to which  entitled.   Furthermore,  he  provides  no
evidence  his  separation  was  inappropriate  or  the  assigned   RE   code
reflecting his involuntary separation was in error or unjust.   There  being
insufficient evidence to the contrary, a majority  of  the  Board  finds  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________






RECOMMENDATION OF THE BOARD:

The majority of the Board finds insufficient evidence of error or  injustice
and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-02519
in Executive Session on 19 October 2004, under the  provisions  of  AFI  36-
2603:

                       Ms. Rita S. Looney, Panel Chair
                       Mr. Terry L. Scott, Member
                       Ms. Cheryl V. Jacobson, Member

By majority vote, the Board recommended  denial  of  the  application.   Ms.
Looney voted to correct the records and  has  submitted  a  minority  report
which is attached at Exhibit E.   The  following  documentary  evidence  was
considered:

    Exhibit A.  DD Form 149, dated 6 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 25 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Aug 04.
    Exhibit E.  Minority Report, dated           .




                                   RITA S. LOONEY
                                   Panel Chair



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
             CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXX, XXXXXXX, DOCKET NO: BC-2004-02519

      After considering the applicant’s overall quality of service, the
events which precipitated the discharge, and the evidence related to his
post-service activities and accomplishments, my fellow Board members do not
believe applicant’s Reenlistment Eligibility (RE) code should be upgraded
based on clemency.  I disagree.

      Applicant has provided documentation relating to his post-service
activities that indicates he has completed the requirement of Police Basic
Training at the Kirtland Regional Police Academy, attended community
college, and completed basic recruit training with the Michigan State
police.  Based on a totality of the evidence presented, it is apparent the
applicant has matured greatly in the nine years following his discharge
from the Air Force and has turned his life around.  Clearly, this is the
type of case Congress intended in its mandate to the Board to consider
other factors; e.g., applicant’s background, the overall quality of
service, and post-service activities and accomplishments.  I recognize the
adverse impact of the assigned RE Code; and, while it may have been
appropriate at the time to identify his involuntary separation, I believe
he should be afforded a second chance to serve.  Therefore, I recommend
that his RE code be changed to 3K based on clemency.  RE code 3K is a code
that can be waived for prior service enlistment consideration, provided
applicant meets all other requirements for enlistment under an existing
prior service program.  Whether or not he is successful will depend on the
needs of the service and in no way guarantees that he will be allowed to
return to any branch of the service.





                                        RITA S. LOONEY
                                        Panel Chair
MEMORANDUM FOR   THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                 CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXX, Docket No:  BC-2004-02519

      I have carefully considered all the aspects of this case and do not
agree with the recommendation of the majority of the panel that applicant’s
request for upgrade of his Reenlistment Eligibility (RE) code should be
denied.

      After careful consideration of all the facts and circumstances of the
applicant’s case and in view of the documentation relating to his post-
service activities, I am persuaded that he has overcome the behavioral
traits that led to the contested discharge.  Certainly I do not condone the
behavior that led to his discharge.  Nonetheless, I recognize the adverse
impact of the assigned RE code and, while it may have been appropriate at
the time, in view of his desire to enter the Coast Guard, I believe it
would be an injustice for him to continue to suffer its effects.
Accordingly, I find that relief is warranted and that his RE code should be
changed to 3K on the basis of clemency.

                                       JOE G. LINEBERGER
                                       Director
                                       Air Force Review Boards Agency



AFBCMR BC-2004-02519




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 XXXXXXX, XXXXXXX, be corrected to show that at the time of his
entry level separation on 31 August 1995, he was issued a reenlistment
eligibility (RE) code of  “3K”.






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency
AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB, MD 20762-7002


Dear XXXX

      Your application to the Air Force Board for Correction of Military
Records, AFBCMR Docket Number BC-2004-02519, has been finalized.

      By a majority vote, the Board recommended that your application be
denied as set forth in the attached Record of Proceedings.  However, after
a careful review and consideration of all factors involved, the Director,
Air Force Review Boards Agency accepted the recommendation of the minority
member and determined the military records should be corrected as set forth
in the attached copy of a Memorandum for the Chief of Staff, United States
Air Force.  The office responsible for making the correction(s) will inform
you when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and Accounting
Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful
checking of finance records.  It may also be necessary for the DFAS-DE to
communicate directly with you to obtain additional information to ensure
the proper settlement of your claim.   Because of the number and complexity
of claims workload, you should expect some delay.  We assure you, however,
that every effort will be made to conclude this matter at the earliest
practical date.

                                        Sincerely




                 ROSE M. KIRKPATRICK
                 Chief Examiner
                 Air Force Board for Correction
                 of Military Records


Attachments:
1.  Cy of Directive, w/Cy of Proceedings
2.  SAF/MRB Letter

cc:  DFAS-DE