Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-03560
Original file (BC-2005-03560.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03560
            CASE #2
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his RE code changed to have the opportunity to  reenlist  in  the
service.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 23 September 1983 in  the
grade of airman basic for a period of 4 years.

On 20 June 1986, the applicant was notified of  his  commander's  intent  to
initiate discharge  action  against  him  for  a  pattern  of  misconduct  -
discreditable involvement with military authorities.  The  specific  reasons
follow:

      On 25 September 1984, he failed to repair  for  which  he  received  a
Letter of Counseling (LOC).

      On 29 August 1984, he failed to repair for which he  received  an  LOC
dated 12 September 1984.

      On 3 April 1985 he failed to repair for which he received an LOC.

      On 25 June 1985 he failed to repair for which he received a Letter  of
Reprimand (LOR) dated 12 July 1985.

      On 9 September 1985, he failed to repair for which he received an  LOR
dated 9 October 1985.

      On 3 January 1986, he failed to repair for which he  received  an  LOR
dated 3 January 1986.

      On 7 February 1986, the  applicant  failed  to  repair  for  which  he
received an Article 15 dated 13 February 1986.  He was found guilty  by  his
commander who imposed the following punishment:  a reduction in  grade  from
airman first class to airman, a forfeiture of  $100.00  per  month  for  one
month and ordered into correctional custody for 30 days; but  the  execution
of the portion of punishment which provided for reduction to  the  grade  of
airman and forfeitures of $100.00 per month  for  one  month  was  suspended
until 18 August 1986, at  which  time,  unless  the  suspension  was  sooner
vacated, it would have been remitted without further action.  The  applicant
did not appeal the punishment.  The Article 15 was filed in the  applicant’s
Unfavorable Information File (UIF).  AF Form 3212, Record  of  Supplementary
Action under Article 15, Uniform Code  of  Military  Justice  (UCMJ),  dated
12 March 1986 indicates remission of correctional custody in  excess  of  30
days.

      On 11, 21, 22, 24, and 25 April 1986, the applicant wrote  bad  checks
to the Beale AFB Exchange for which he received an LOR which  was  filed  in
his UIF on 5 June 1986.

The commander indicated in his recommendation for discharge action that  the
applicant had been continually unable to conform to basic standards  of  his
job and the regulations of the Air Force.  He  had  been  counseled  by  his
supervisors, first sergeant, and the commander on his performance,  conduct,
and necessity to meet the standards  expected  of  him  with  little  or  no
effect.  The last effort towards rehabilitation as a result  of  Article  15
action was to put him in correctional  custody.   His  ratings  (commander’s
weekly evaluations) in comparison with others in correctional  custody  were
weak.  The  applicant  completed  25  days  in  correctional  custody.   The
commander did not recommend  probation  and  rehabilitation.   Numerous  and
varied efforts to rehabilitate the applicant failed  completely,  and  there
was  no  indication  further  rehabilitative   efforts   would   have   been
successful.

The commander advised applicant of his right to consult  legal  counsel  and
submit statements in his  own  behalf;  or  waive  the  above  rights  after
consulting with counsel.

After consulting with counsel, the applicant  waived  his  right  to  submit
statements in his own behalf.

On 24 June 1986, the Staff  Judge  Advocate  recommended  the  applicant  be
administratively separated from  the  Air  Force  and  furnished  a  general
(under   honorable   conditions)   discharge,    without    probation    and
rehabilitation.

On 30 June 1986, the convening authority approved  the  applicant’s  general
(under honorable conditions) discharge.

The applicant was discharged on 2 July 1986, in the grade  of  airman  first
class, with service characterized as general (under  honorable  conditions),
in  accordance  with  AFR  39-10   (Misconduct   -   Pattern   Discreditable
Involvement with Military or Civil Authorities).  He  completed  2 years,  9
months and 10 days of total active duty service.  He received an RE code  of
2B - Involuntarily separated under AFR 39-10, with a general or under-other-
than honorable conditions (UOTHC) discharge.

In an application to the Air Force Board for Correction of Military  Records
(AFBCMR) dated 21 August 2001, the applicant requested  his  general  (under
honorable conditions) discharge be upgraded to an honorable  discharge.   On
28 November 2001,  the  majority  of  the  Board  approved  the  applicant’s
request to upgrade his general (under  honorable  conditions)  discharge  to
honorable based on clemency.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating that based on the documentation  on
file in the master personnel 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  also  did
not submit any evidence or identify any errors or injustices  that  occurred
in the discharge processing.  Nor did he  provide  any  facts  warranting  a
change to his RE code or narrative reason for separation.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 16 December 2005, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and response within 30 days.  As of this  date,  no
response has been received by this office.

_________________________________________________________________

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 injustice.  The RE code issued at  the  time  of  separation
was in accordance with  the  applicable  regulations.   However,  the  Board
finds that based on the applicant’s desire to reenter the military,  his  RE
code should be changed to  “4D.”   This  code  provides  the  applicant  the
opportunity to apply for enlistment in any branch of the service,  requiring
a waiver.  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 the Air Force or any branch of the service.   In  view  of  the
foregoing, we recommend the applicant’s 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  2
July 1986, he was issued a Reenlistment Eligibility (RE) code of “4D.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
03560 in Executive Session on 15 February 2006, under the provisions of  AFI
36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Wallace F. Beard Jr., Member
                 Ms. Karen A. Holloman, Member

The Board voted to correct  the  records,  as  recommended.   The  following
documentary evidence was considered:

   Exhibit A.  DD Form 149, undated, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 12 Dec 05.
   Exhibit D.  Letter, SAF/MRBR, dated 16 Dec 05.




                 KATHLEEN F. GRAHAM
                 Panel Chair




AFBCMR BC-2005-03560





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   , be corrected to show that at the time of his discharge on 2
July 1986, he was issued a Reenlistment Eligibility (RE) code of “4D.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency



Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-01584

    Original file (BC-2004-01584.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: On 21 June 1983, the applicant enlisted in the Regular Air Force in the grade of airman basic for a period of four (4) years. As of this date, no response has been received by this office. On 23 June 2004, the Board staff requested the applicant provide post- service documentation within 14 days (Exhibit F) and on 8 July 2004, the Board provided the applicant the opportunity to respond to the FBI...

  • AF | BCMR | CY2010 | BC-2010-04397

    Original file (BC-2010-04397.txt) Auto-classification: Denied

    His DD Form 214, Certificate of Release or Discharge from Active Duty, indicates his narrative reason for separation as “Reduction in Force” and his RE code as “4D.” The remaining relevant facts, extracted from the military personnel records, are contained in the evaluations from the Air Force offices of primary responsibility at Exhibits C, D, E, and F. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial of the applicant’s...

  • AF | BCMR | CY2001 | 0102021

    Original file (0102021.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied. The evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Counsel’s response to the evaluation is attached at Exhibit F. On 5 October 2001, the Board staff requested the applicant provide post- service documentation within thirty (30) days. Exhibit B.

  • AF | DRB | CY2006 | FD2005-00301

    Original file (FD2005-00301.pdf) Auto-classification: Denied

    The Board concluded that the basis and characterization of the discharge received by the applicant were found to be appropriate. Issue 3: Punishment was excessive (reduction of two grades; two Article 15s, where the second was unnecessary; 30 days correction custody). For this misconduct, you received an Article 15 on 15 Dec 97.

  • AF | DRB | CY2002 | FD2002-0198

    Original file (FD2002-0198.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0198 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge, The records indicated applicant had four Letters of Reprimand for failure to pay a traffic fine, failure to go and failure to pay just debt (twice). Recommend to 8 AF/CC that the respondent be separated with...

  • AF | BCMR | CY2006 | BC-2005-03895

    Original file (BC-2005-03895.doc) Auto-classification: Denied

    The commander indicated in his recommendation for discharge action that before recommending the applicant for discharge he was counseled on different occasions, given four LORs and referred for financial counseling. On 8 February 2006, the Board staff requested the applicant provide post- service documentation within 20 days (Exhibit F). Although the applicant did not specifically request consideration based on clemency, we also find insufficient evidence to warrant a recommendation the...

  • AF | BCMR | CY2003 | BC-2003-00912

    Original file (BC-2003-00912.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00912 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code of 2B, “Separated with a general or under-other-than-honorable-conditions (UOTHC) discharge,” be changed. For these actions, she received an LOR, which was placed in her existing UIF. ...

  • AF | BCMR | CY2003 | BC-2002-03398

    Original file (BC-2002-03398.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03398 INDEX CODE: 110.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be upgraded to an honorable discharge and his Reenlistment Eligibility (RE) code be changed. The commander indicated in his recommendation for discharge action that before...

  • AF | DRB | CY2002 | FD99-00424

    Original file (FD99-00424.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN iP irneeninas: AIC Wien TYPE GEN PERSONAL APPEARANCE X RECORD REVIEW S : z NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBERS SITTING HON GEN UOTHC OTHER ISSUES INDEX NUMBER o EXHI Fase MT TRO TOT HE BOARD A92.37, A93.01, A94.05 A67.10 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE 1 2 3 | LETTER OF NOTIFICATION 4 BRIEF OF PERSONNEL...

  • AF | DRB | CY2002 | FD01-00032

    Original file (FD01-00032.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD01-00032 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason for discharge and change the RE Code. ISSUES: The applicant was discharged with a General Discharge for Misconduct — Minor Disciplinary Infractions. Attachment: Examiner's Brief FD-01-00032 DEPARTMENT OF THE AIR FORCE AIR FORCE DISCHARGE REVIEW BOARD ANDREWS AFB, MD (Former A1C) 1.