RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02370
            INDEX CODE:  110.02
      xxxxxxxxxxx      COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) Code of “2B” (Separated with a general  or
under-other-than-honorable  conditions  (UOTHC)  discharge)  and  Separation
Code of “JFF” (Secretarial Authority) be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He has been serving in  the  Army  Guard  for  seven  years  and  served  in
Operation Iraqi Freedom (OIF) honorably.  He has applied  for  an  AGR  (Air
Guard Reserve) position and was found not eligible  due  to  his  separation
code.

In support of his request, applicant provides copies  of  his  DD Forms  214
for the periods ending 12 August 1999 and 31 May 2004, and  a  copy  of  the
Air Force Discharge Review Board (AFDRB) Hearing  Record.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  in  the  grade  of  airman
basic (E-1) on 18 November 1998.   He  was  progressively  promoted  to  the
grade of airman (E-2), effective and with a date of rank of 18 May 1999.

On 8 May 1999, the applicant failed to go to his appointed place of duty  at
the appointed time.  For this incident, he received a Letter  of  Counseling
(LOC).

On 11 June 1999, the applicant  was  derelict  in  the  performance  of  his
duties by failing to pick up a letter, clean an overhead  projector  and  to
secure a portable wall partition.  For this incident, he received an LOC.

On 18 June 1999, the applicant  was  derelict  in  the  performance  of  his
duties by failing to fill two fire water bottles.   For  this  incident,  he
received a Letter of Reprimand (LOR).

On 20 July 1999, the applicant disobeyed a  direct  order  by  misusing  the
government e-mail system by sending numerous  personal  e-mails.   For  this
incident, he received an LOR.

On 5 August 1999, the applicant’s commander initiated discharge  proceedings
against him under the provisions of AFI 36-3208, paragraph 5.49,  for  Minor
Disciplinary Infractions.  The applicant was  notified  of  his  commander’s
recommendation and that a general discharge was being recommended.   He  was
advised of his rights;  he  waived  his  right  to  counsel  and  to  submit
statements in his own behalf.  In a  legal  review  of  the  discharge  case
file, the staff judge advocate found it legally sufficient  and  recommended
that he be discharged from the  Air  Force  with  a  general  discharge  and
concurred with the commander  that  the  applicant  not  be  considered  for
probation and rehabilitation.  On 10 August 1999,  the  discharge  authority
directed  the  applicant   be   discharged   with   a   general   discharge.
Subsequently, on 18 June  2004,  the  applicant  was  discharged  under  the
provisions of AFI 36-3208 (Pattern of  Minor  Disciplinary  Infractions  and
received a general discharge with an RE Code of “2B.”  He  served  8  months
and 25 days on active duty.

On 28 February 2000, the Air Force Discharge Review Board (AFDRB)  reviewed
and granted the applicant’s request  that  his  discharge  be  upgraded  to
honorable.  Additionally, his Narrative Reason for Separation  was  changed
from “Misconduct” to “Secretarial Authority” and his  Separation  Code  was
changed from “JKN” (Discharge No Board Entitlement) to  “JFF”  (Secretarial
Authority).

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPAE  recommends  the  applicant’s  RE  Code  be   changed   to   “2C”
(Involuntary  separated  with  an  honorable  discharge;  or   entry   level
separation without characterization of service).  DPPAE advises that the  RE
Code of “2C” correctly reflects the characterization directed by the  AFDRB.
 The AFPC/DPPAE complete evaluation, with attachments, is at Exhibit C.

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.
The AFPC/DPPRS complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Applicant states he has  done  well  in  the  Army  National  Guard  and  is
currently a sergeant/E-5.  He is working as a Training NCO through  the  AGR
program and recently learned that he would not be considered to continue  on
a permanent basis due to his separation code.  He was not  aware  that  this
code would hinder his career opportunities with the military.  Had he  known
this code would affect him in a negative manner, he  would  have  originally
requested his code to be changed.  The applicant’s  complete  letter  is  at
Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice warranting the requested corrective  action.
 While not clearly stated by the applicant,  it  appears  he  is  requesting
that his RE and  SPD  codes  be  changed  to  codes  which  will  allow  his
immediate reenlistment.  By virtue of the  AFDRB  decision  to  upgrade  the
characterization of his  service  to  honorable  and  change  the  narrative
reason for his separation, his SPD code was changed to correspond  with  the
narrative  reason.   However,  as   noted   by   the   office   of   primary
responsibility, his RE code should have been changed to  “2C”  to  correctly
correspond  with  the  upgrade  of  his  characterization  of   service   to
honorable.  This error will be corrected administratively.  Other than  this
administrative correction, we find no evidence and are not persuaded by  his
assertions, that further correction to his records is  warranted.   In  view
of the above, we conclude that no  basis  exists  upon  which  to  recommend
favorable action on the applicant’s request.

_________________________________________________________________

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-2007-02370
in Executive Session on 8 November 2007, under the  provisions  of  AFI  36-
2603:

                  Mr. Laurence M. Groner, Panel Chair
                  Mr. Reginald P. Howard, Member
              Ms. Teri G. Spoutz, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2007-
02370 was considered:

    Exhibit A.  DD Form 149, dated 18 July 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 14 August 2007.
    Exhibit D.  Letter, AFPC/DPPRS, dated 20 August 2007.
    Exhibit E.  Letter, SAF/MRBR, dated 5 October 2007.
    Exhibit F.  Letter, Applicant, dated 25 October 2007.





                                   LAURENCE M. GRONER
                                   PanelChair