RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01516
            INDEX CODE:  100.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  9 Nov 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment  eligibility  (RE)  code  of  2B  be  changed  to  an
acceptable code so that he may reenlist in the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge, he was 19 years old and only had  to  be
responsible for himself.  He now has the responsibility of a wife  and
two children.  He accepts full responsibility for  his  past  actions.
The mind set was wrong.  He was not ready  to  accept  his  Air  Force
responsibilities.  However, he does believe that  everyone  should  be
given a second chance.  A change in his RE  code  and  being  able  to
reenlist would allow him to prove he is a different person.

In  support  of  his  appeal,  the  applicant  provided  an   expanded
statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18  Nov  98  for  a
period of six years in the grade of airman basic.

On 19 Jul 99, the applicant’s commander  notified  him  that  she  was
recommending the applicant be discharged from the service due  to  his
misconduct.  The  basis  for  the  action  was  his  series  of  minor
disciplinary infractions.   Specifically,  the  applicant  violated  a
lawful general instruction on two occasions when he failed  to  return
to and remain in his assigned dormitory during the required hours, and
when he consumed alcohol beverages while under the legal drinking  age
of 21.  Further, he twice willfully disobeyed a  lawful  command  from
his superior commissioned officer and was twice  disrespectful  to  an
instructor.  In addition, he was derelict in the  performance  of  his
assigned duties when he slept in class on four occasions.  Finally, he
failed to go to  his  appointed  place  of  duty  on  three  occasions
(mandatory  information,  mandatory  study  program,  and  a  hospital
appointment).  He received two Article 15s, four letters of reprimand,
four letters of counseling, and an AF Form 174 (Record  of  Individual
Counseling) as a result of his misconduct.  The applicant was  advised
of his rights in the matter and that  a  general  discharge  would  be
recommended.

On 21 Jul 99, the  Office  of  the  Staff  Judge  Advocate  found  the
discharge case file to be legally sufficient and  concurred  with  the
commander’s recommendation the applicant should be discharged  with  a
general discharge.

On 25 Jul 99, the discharge authority approved  the  discharge  action
and directed the applicant be discharged with a general discharge.

On 27 Jul 99, the applicant was discharged under the provisions of AFI
36-3208 (Misconduct) in the grade of  airman  basic  and  furnished  a
general discharge.  He was assigned an RE code of 2B (Separated with a
general or under other than honorable conditions  (UOTHC)  discharge).
He was credited with eight months and ten days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial   indicating   that   based   on   the
documentation in his records, the discharge was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation,
and was  within  the  discretion  of  the  discharge  authority.   The
applicant did not submit  any  evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing.  He provided  no
facts warranting a change to his RE code or character of service.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  27
May 05 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 error or injustice.  We note the Secretary of the Air
Force has statutory authority  to  promulgate  rules  and  regulations
governing the administration of the Air Force.   In  the  exercise  of
that authority, the Secretary has determined  that  members  separated
from the Air Force would be furnished an RE code predicated  upon  the
quality of their service and circumstances of their  separation.   The
evidence of  record  indicates  the  applicant  was  given  a  general
discharge for misconduct.  As a result, he was assigned an RE code  of
2B.  It appears the applicant’s RE code was appropriately assigned and
accurately reflected the circumstances of his separation, and, we find
no evidence to indicate the assigned RE code was in error.  In view of
the foregoing, and in the absence of  evidence  to  the  contrary,  we
conclude that no basis exists to recommend  favorable  action  on  the
applicant’s request that his RE code of 2B be changed.

_________________________________________________________________

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 6 Jul 05, under the provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Ms. Patricia A. Robey, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2005-01516 was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 27 May 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair