RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02152
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 January 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2B be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is currently serving with the Montana Army National Guard and would
like to have his RE code upgraded so he can enlist in the Naval
Reserve or even active service.
In support of the appeal, applicant submits a letter of
recommendation.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 2 Sep 86. On
25 May 90, he was notified by his commander he was recommending he be
separated from the Air Force under the provisions of AFR 39-10,
Administrative Separation of Airmen, for misconduct – pattern of minor
disciplinary infractions. The bases for the recommendation were: (1)
he received five Letters of Reprimand (LORs) for personal financial
obligations, being disorderly and causing a breach of peace; (2) he
received a Letter of Counseling (LOC) for improperly charging meals
after his privileges had been suspended; and (3) he received verbal
counseling for writing checks, (totaling the amount of $790.00), with
insufficient funds in his account. He acknowledged receipt of the
notification and submitted statements in his own behalf. The base
legal office reviewed the recommendation, found it legally sufficient,
and recommended separation with an under honorable conditions
(general) discharge without probation and rehabilitation. The
discharge authority concurred with the recommendations and directed
his separation. He was separated on 27 Jun 90. He served 3 years, 9
months and 26 days on active duty. He was assigned RE code 2B which
denotes “Separated with a general or under other than honorable
conditions (UOTHC) discharge”.
Pursuant to the Board’s request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, provided an investigative report which is
attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states 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 in his discharge processing.
The DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4
Aug 06 for review and comment within 30 days (Ex E). In a letter
dated 11 Sep 06, applicant’s wife indicated applicant is unavailable
until 30 Sep 06 due to deployment for Montana National Guard to
Warrior Training in Santa Fe and White Sands, New Mexico (Ex F).
The applicant provided a letter dated 25 Oct 06, stating that the
change of his RE code would allow more options for him and the
military as to which path would be best. He takes full responsibility
for all activities that took place early in his life and his first
enlistment in the Air Force. He still believes that people deserve a
second chance. By joining the Montana Army National Guard and
completing the Army’s Warrior Transition Course, he believes he has
shown his dedication and willingness to be a part of any military
branch and ability to support and defend the United States of America.
He further states he cannot provide any evidence that the RE code was
or was not warranted.
A copy of Applicant’s response, with attachment, is at Exhibit G.
_________________________________________________________________
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 took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice. As
stated, the applicant 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 character of service
or reenlistment eligibility code. Therefore, in the absence of
evidence to the contrary, we find no 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 AFBCMR Docket Number BC-
2006-02152 in Executive Session on 27 September 2006 and 8 November
2006, under the provisions of AFI 36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Ms. Barbara R. Murray, Member
Mr. John E. B. Smith, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 July 2006, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Report.
Exhibit D. Letter, AFPC/DPPRS, dated 27 Jul 06.
Exhibit E. Letter, SAF/MRBR, dated 4 Aug 06.
Exhibit F. Wife’s Letter, dated 11 Sep 06.
Exhibit G. Applicant’s Response, dated 25 Oct 06, w/atchs.
MARILYN M. THOMAS
Vice Chair
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