RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03290
INDEX CODE: 110.00, 100.03
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 APRIL 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
His separation and reenlistment eligibility (RE) code of 2C be changed
to allow enlistment in the military.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not fraudulently enlist in the military.
In support of his request, applicant submits copies of his DD Form 214
and a Department of the Navy Waivers Handwritten Statement (NACRUIT
1133/78). The applicant’s complete submission, with attachments, is
at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Regular Air Force on
5 January 1995 for a period of four years.
On 3 February 1995, the applicant received notification that he was
being recommended for discharge due to fraudulent entry. The reasons
for this action follow: (1) On 18 January 1995, the applicant
indicated that he had been involved in four-five fights, theft of car
radios twice, vandalism, underage drinking and breaking and entering.
(2) After contacting his recruiter, the Recruiting Service Liaison
determined the applicant did not notify his recruiter of these
incidents. The applicant acknowledged receipt of the notification on
3 February 1995. The applicant waived his option to consult counsel
and declined to submit any written statements in his behalf. The base
legal office reviewed the case and found it legally sufficient to
support separation. On 6 February 1995, the discharge authority
approved the recommended entry level separation.
He received an uncharacterized entry level separation on 8 February
1995 under the provisions of AFI 36-3208 (fraudulent entry into
military service). He had completed a total of 3 months and 12 days
of prior inactive service and was serving in the grade of airman basic
(E-1) at the time of separation. He received an RE Code of 2C, which
defined means "Involuntarily separated with an honorable discharge; or
entry level separation without characterization of service.”
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant summarized the information contained in
the applicant’s personnel and medical records and is of the opinion
that no change in the applicant’s record is warranted. The BCMR
Medical Consultant states that, on 17 January 1995, the applicant was
referred for a mental health evaluation because of a reported history
of alcohol abuse and his motivation and attitude towards training.
The mental health evaluation diagnosed alcohol abuse and maladaptive
personality traits that rendered the applicant unsuitable for military
service, a conclusion also supported by entries in the training record
and recommended administrative discharge. Details of the BCMR Medical
Consultant’s evaluation are at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 5
October 2005 for review and response. As of this date, no response
has been received by this office (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. We are not persuaded by the
evidence presented that the entry-level separation characterization or
reenlistment eligibility (RE) code received by the former member
should be changed. The separation appears to be in compliance with
the governing AFI and we find no evidence to indicate that his
separation from the Air Force was inappropriate. Applicant’s RE code
accurately reflects the circumstances of his separation. Having found
no error or injustice with regard to the actions that occurred while
the applicant was a military member, we conclude that no basis exists
to grant favorable action on his request.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 14 December 2005, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Wallace F. Beard Jr., Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered in connection with
AFBCMR Docket Number BC-2004-03290.
Exhibit A. DD Form 149, dated 18 Oct 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Identification Record.
Exhibit D. Letter, BCMR Medical Consultant, dated 4 Oct o5.
Exhibit E. Letter, SAF/MRBR, dated 5 Oct 05.
THOMAS S. MARKIEWICZ
Chair
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