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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