+RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03934
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 31 MAY 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code be changed to a code which would
allow him to enter any branch of service.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was 19 years old when he made the decision to accept the RE code. He
has matured and understands life’s responsibilities. He has seen the
advantages of the armed forces and would like to serve and retire with a
good record. He is asking for a second chance in the armed services.
In support of his request, applicant submits a copy of his separation
document. His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 7 September 1989 at the
age of 18. He is currently 35 years of age.
On 28 August 1990, he received an Article 15 (suspended) for wrongfully and
falsely altering his military identification card and giving said card to a
civilian.
On 10 October 1990, he received two Letters of Reprimand (LOR) for the
following offenses:
a. Failing to inform his squadron commander of a scheduled court date
that was given him after being cited for being a Minor in Possession of
Alcohol on 30 September 1990.
b. Failing to go to an appointment to retake his CDC test on 9
October 1990.
On 12 October 1990 his previously suspended punishment on an Article 15 was
vacated because he was late to work. For this offense he was reduced in
rank to airman basic.
On 18 October 1990, the applicant was notified by his commander that he was
recommending he be separated from the Air Force under the provisions of AFR
39-10 because of misconduct. The applicant was advised of his rights,
acknowledged receipt of the notification and, after consulting military
legal counsel, waived his right to submit statements in his own behalf.
In a legal review of the discharge case file dated 23 October 1990, the
Chief, Military Justice approved the commander’s recommendation for a
general discharge without the offer of probation and rehabilitation. The
discharge authority approved and directed the applicant be issued a general
(under honorable conditions) discharge.
On 29 October 1990, the applicant was discharged with a reentry code of 2B
and a separation code of JKN. Reentry code 2B is applied in those cases
where the member is involuntarily separated under AFR 39-10, with a general
or under-other-than-honorable conditions (UOTHC) discharge. The separation
code is directly related to the reason and authority for his separation.
He had served 1 year, 1 month and 23 days on active duty.
In response to the Board’s request, the FBI indicated they were unable to
identify with an arrest record pertaining to the applicant on the basis of
information furnished (Exhibit D).
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommends denial. DPPRS states 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 within the discretion of the discharge authority.
DPPRS concludes the applicant did not submit any evidence or identify any
errors or injustices that occurred during the discharge process, and
provided no facts warranting a change to his character of service.
DPPRS’s evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20
January 2006 for review and comment. 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 probable error or injustice. After careful consideration of
the available evidence, we found no indication that the actions taken to
effect his discharge were improper or contrary to the provisions of the
governing regulations in effect at the time, or that the actions taken
against the applicant were based on factors other than his own misconduct.
We are unable to conclude corrective action is warranted based on an
injustice; therefore, we believe that given the circumstances surrounding
the applicant’s separation, the RE code issued was in accordance with the
appropriate directive. Absent evidence by the applicant showing the
contrary, we find no basis to favorably consider his request.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 AFBCMR BC-2005-03934 in
Executive Session on 8 June 2006, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. John B. Hennessey, Panel Member
Mr. Todd L. Schafer, Panel Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Dec 05 w/atch.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 13 Jan 06.
Exhibit D. Letter, SAF/MRBR, dated 20 Jan 06
WAYNE R. GRACIE
Panel Chair
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