RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01950
INDEX CODE: 110.02
XXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 31 JAN 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code and narrative reason for
separation be changed to allow reentry into the Air National Guard or
the Air Force Reserves.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His narrative reason for separation is unjust because he only failed
his end-of-course test and did not fail in performing his duties. His
post-service accomplishments justify another opportunity to serve his
country.
In support of his request, the applicant submits two Letters of
Appreciation and a copy of Air Force Form 909, Airman Performance
Report.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on
14 October 1987 for a term of four years. On 9 May 1989, the
applicant was notified by his commander that he was recommending he be
discharged from the Air Force for failure to progress in on-the-job
(OJT) training. The basis for the action was on 25 February 1989, he
failed to obey a lawful order and received a Letter of Reprimand
(LOR); on 10 February 1989, he failed to enforce Air Force regulations
requiring that visitor’s be issued visitor’s passes to get on base; on
15 February 1989 and 12 November 1988, he failed his end of course
examination and was counseled, and on 31 July 1988, he failed to be
present for duty and received a Letter of Counseling. He was advised
of his rights in this matter, waived his right to seek counsel, and
elected not to submit statements in his own behalf. The discharge
authority approved the discharge and directed a general (under
honorable conditions) discharge without probation and rehabilitation.
On 12 June 1989, he was discharged with a general (under honorable
conditions) discharge, under the provisions of AFR 39-10,
Administrative Separation of Airmen, (unsatisfactory performance) with
a general discharge. He received an RE code of 2B “Involuntarily
separated with a general or under other-than-honorable conditions
discharge.” He served 1 year, 7 months and 29 days total active
service.
On 21 July 1989, the applicant submitted an application to the Air
Force Discharge Review Board (AFDRB) requesting his discharge be
upgraded to honorable. The AFDRB concluded his overall quality of
service was more accurately reflected by an honorable discharge and
upgraded his discharge to an honorable, but denied his request to
change the narrative reason for separation. This action also changed
his RE code to 2C “Involuntarily separated with an honorable
discharge; or entry level separation without characterization of
service.
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, WV, indicated on 13 September 2006, that on the basis of
the data furnished they were unable to locate an arrest record
(Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states 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. The discharge was within the discretion of the discharge
authority, the applicant did not submit any new 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. The
AFDRB previously considered all the evidence of record and concluded
the overall quality of his service was more accurately reflected by an
honorable discharge, but denied his request to change the narrative
reason for discharge.
The DPPRS evaluation is at Exhibit D.
AFPC/DPPAE recommends denial. According to DPPAE, no evidence was
found to indicate error or injustice; nor did the applicant submit any
evidence. He should seek a waiver of the RE code from the enlisting
service.
The DPPAE evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
11 Aug 06, for review and comment 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. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice to warrant changing his narrative
reason for separation or his reenlistment eligibility. After careful
consideration of the available evidence, the Board found no indication
that the actions taken to affect his discharge were improper or
contrary to the provisions of the governing regulations at the time,
or that the actions taken against the applicant were unjust.
Therefore, the Board agrees with the opinions and recommendations of
the Air Force offices of primary responsibility and adopts their
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. Therefore, in the absence
of evidence to the contrary, the Board finds no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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 Docket Number BC-2006-
01950 in Executive Session on 27 September 2006, under the provisions
of AFI 36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Mr. John E. B. Smith, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jun 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Request, dated 13 Sep 06.
Exhibit D. Letter, AFPC/DPPRS, dated 11 Jul 06.
Exhibit E. Letter, AFPC/DPPAE, dated 3 Aug 06.
Exhibit F. Letter, SAF/MRBR, dated 11 Aug 06.
MARILYN M. THOMAS
Vice Chair
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