SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02214
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded, his narrative reason for separation be
changed to “Secretarial Authority,” his separation code be changed, and his
Reenlistment Eligibility (RE) code be changed from “2B” to “1.”
_________________________________________________________________
STATEMENT OF FACTS:
On 8 October 2003, the Board considered applicant’s request that his
discharge be upgraded to honorable, his separation code be changed, and his
Reenlistment Eligibility (RE) code be changed to allow his reenlistment
into the armed forces. The Board found insufficient evidence of an error
or injustice and denied the application. For an accounting of the facts
and circumstances surrounding the application, and the rationale of the
earlier decision by the Board, see the Record of Proceedings at Exhibit G.
On 29 October 2004, the Board reconsidered applicant’s request that his
separation code and RE code be changed. The Board found insufficient
evidence of an error or injustice and denied the application. For an
accounting of the facts and circumstances surrounding the application, and
the rationale of the earlier decision by the Board, see the Record of
Proceedings at Exhibit I.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice to warrant changing his RE code to “3K.”
After careful review of the circumstances of the applicant’s discharge for
misconduct, we found no evidence to indicate that his separation from the
Air Force was inappropriate. Applicant’s assigned RE code of 2B accurately
reflects his involuntary separation with a general discharge. Applicant is
currently serving in the Texas Army National Guard (TX ARG) and desires to
enlist in the Coast Guard; however, his RE code is preventing from doing
so. In support of his request, applicant submits a letter of
recommendation from his Army commander attesting to his outstanding service
while deployed in Iraq. In view of this, and after careful consideration
of all the facts and circumstances of the applicant’s case, we believe that
it would be an injustice for him to continue to suffer the adverse effects
of the assigned RE code. Therefore, in the interest of justice, we
recommend that his RE code be changed to 3K, which is a code that can be
waived for prior service enlistment consideration, provided he 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
our recommendation in no way guarantees that he will be allowed to return
to any branch of the service.
2. After thoroughly reviewing the evidence of record and the additional
documentation submitted by applicant, we are still not persuaded that his
discharge should be upgraded to honorable, that the narrative reason for
his separation be changed to “Secretarial Authority,” that his separation
code be changed, and that his RE code changed to “1.” In the absence of
evidence that his separation from the Air Force for misconduct was
inappropriate or that he was denied rights to which entitled, we find no
basis upon which to recommend favorable consideration of this portion of
his request.
3. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue(s) involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 29
April 2002, his reenlistment eligibility (RE) code was RE-3K.
_________________________________________________________________
The following members of the Board reconsidered AFBCMR Docket Number BC-
2003-02214 in Executive Session on 21 February 2006, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Michael V. Barbino, Member
Mr. James W. Russell, III, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit I. Addendum to Record of Proceedings,
dated 7 Dec 04, w/atchs.
Exhibit J. DD Form 149, dated 30 Dec 05, w/atchs.
Exhibit K. Letter, Applicant, dated 29 Jan 06, w/atch.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2003-02214
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
discharge on 29 April 2002, his Reenlistment Eligibility (RE) code was RE-
3K.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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