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AF | BCMR | CY2007 | BC-2007-01860
Original file (BC-2007-01860.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01860
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: Dec 15, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment code of “2C” (involuntarily separated under AFR 39-10  with
an honorable discharge; or entry-level separation  without  characterization
of service) be changed or removed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His request is based on a desire for reenlistment.

Many of his incidents were based on immaturity.

The “body” of his work, both professional and academic, indicates  a  better
reflection of who he is.

In support of his request, the applicant provided certificates,  letters  of
commendation, and copies of his college diplomas.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered into the active duty  Air  Force  on  9  Mar  81.   He
served for a period of 3 years, 1 month and 29 days.

On 11 May 82, the applicant received a Letter of Admonishment for a  traffic
incident (driving 55 miles per hour in a 45 miles per hour zone on base).

On 17 Jan 83, the applicant received a Record of Individual  Counseling  for
writing a bad check.

On 5 Apr 83, the applicant  received  a  Letter  of  Reprimand  for  traffic
violations (stopped at a red light and then proceeded while light was  still
red, illegal start from stop position, improper right  turn/no  signal,  and
disobeying a stop sign/rolled through).

On 26 Sep 83, the applicant received an Article 15 for  a  traffic  incident
(driving with revoked driver’s  license  and  driving  a  government  pickup
truck in  a  wanton  manner).   His  punishment  consisted  of  a  suspended
reduction in grade, suspended forfeiture of pay, and 14 consecutive days  of
extra duty.

On 3 Feb 84, the applicant received a Letter  of  Counseling  for  offensive
language.

On 23 Mar 84, the applicant received a Record of Individual  Counseling  for
breaking the windshield of a government vehicle.

On 2 Apr 84, the applicant’s commander notified  him  of  pending  discharge
actions.

On 6 Apr 84, the applicant submitted written statements in his own behalf.

On 12 Apr 84,  the  assistant  staff  judge  advocate  found  the  discharge
legally sufficient  and  recommended  the  applicant  receive  an  honorable
discharge without probation and rehabilitation;  however,  the  staff  judge
advocate recommended six months  of  probation  and  rehabilitation  with  a
general discharge if further misconduct occurred.

On 19 Apr 84, the convening authority directed the applicant  be  discharged
with an honorable discharge.

On 7 May 84, the applicant was discharged with an honorable discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of the request.  DPPAE  states  they  found  no
evidence of error or  injustice  and  that  the  applicant  did  not  submit
evidence of any.

The AFPC/DPPAE complete evaluation, with attachments is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10  Aug
07 for review and comment within 30 days.  As of this date, this office  has
not received a 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.   Even  though  the  applicant  has  provided  no
evidence to show that his discharge was improper or not in  compliance  with
the appropriate regulations, it is our opinion that relief is  warranted  in
this particular case.  In this regard, over 20 years have passed  since  his
discharge and it appears that he has  led  a  stable  and  productive  life.
Statements provided in the  applicant’s  behalf  provide  credible  evidence
that leads the Board to believe he has made considerable improvement in  his
conduct and has matured since his discharge.  In view of this, and in  order
to provide the applicant  the  opportunity  to  apply  for  reentry  in  the
military, the Board believes, in the interest of equity and justice, his  RE
code and separation code should be changed to  waiverable  codes.    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 service.  Therefore,  the  Board  recommends  his  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  the  reason  for  his  separation
should be changed to Secretarial Authority and his RE code of 2C  should  be
changed to 3K, a code that  can  be  waived  for  prior  service  enlistment
consideration.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-01860
in Executive Session on 13 September 2007, under the provisions of  AFI  36-
2603:

      Ms. Patricia J. Zarodkiewicz, Panel Chair
      Ms. Patricia R. Collins, Member
      Mr. Mark J. Novitski, Member






The following documentary evidence was considered for Docket Number BC-2007-
01860:

    Exhibit A.  DD Form 149, w/atchs, dated 5 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAE, w/atch, dated 9 Jul 07.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Aug 07.




                                   PATRICIA J. ZARODKIEWICZ
                                   Vice Chair





      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:


                       The pertinent military records of the  Department  of
the Air Force relating to  XXX,
            be corrected to show that on 7 May 84, he  was  separated  under
the  provisions of AFR
            39-10, paragraph 1.2 (Secretarial Authority) with  a  separation
code of JFF and a
            reenlistment eligibility (RE) code of 3K.





                                                             JOE G.
      LINEBERGER
                                                             Director
                                                             Air Force
      Review Board Agency









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