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AF | BCMR | CY2008 | BC-2007-02553
Original file (BC-2007-02553.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02553
            INDEX NUMBER:  100.06, 110.00
      XXXXXXX
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His  Reenlistment  Eligibility  (RE)  code  of  “2”  be  changed;  his
character of service changed to honorable; and  grade  be  changed  to
sergeant.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was separated as a sergeant rather than an airman first class.  His
character of service should be honorable; however it was left blank on
his DD Form 214.  He never had any problems with his record to justify
receiving a RE code of “2”.

In support of his application, the applicant provides  a  letter  from
416 CSG/DPE/DPMMC, a  copy  of  DD  Form  256AF,  Honorable  Discharge
Certificate, DD Form 214, Armed Forces of the United States Report  of
Transfer or Discharge, a  letter  from  the  XXXXXXX  County  Veterans
Service Department, and AF Form 100,  Request  and  Authorization  for
Separation.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 3 December 1968, in the
grade of airman basic (E-1), for a period of four years.

On 10 March 1972, the applicant  received  an  Article  15  for  being
derelict in the performance of his duties. His punishment consisted of
a suspended reduction to airman first class until   9 June 1972 and  a
forfeiture of $15.00 pay per month for two months. On 27  April  1972,
the suspended reduction was vacated based on his failure to go at  the
time prescribed to his appointed place of duty on or  about  24  April
1972.

On 5 May 1972, the applicant was separated with an honorable discharge
in the grade of airman first class and issued a RE-2 code  (ineligible
for reenlistment). He served 3 years, 5 months and  2  days  of  total
active military service. Although the applicant received an  Honorable
Discharge Certificate, his DD Form 214 did not reflect  his  character
of service nor the type of discharge certificate issued.

On 1 October 2007, AFPC/DPSOY issued the  applicant  a  DD  Form  215,
Correction to DD Form 214, Certificate of Release  or  Discharge  from
Active Duty, correcting his  DD  Form  214  to  reflect  character  of
service honorable.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOE  recommends  denial  to  change  the  applicant’s  rank  to
sergeant on his DD Form 214 as he did not hold that rank at  the  time
of his discharge for the service.

AFPC/DPSOE’s complete evaluation is attached at Exhibit C.

AFPC/DPSOA recommends denial and states the applicant did not  provide
any proof the RE code is in error; therefore it  is  DPSOA’s  position
the RE code is correct as it stands.

AFPC/DPSOA’s completion evaluation, with attachments, at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s Veterans’ Service Officer states the  applicant  would
be very grateful if the Board would issue a DD Form 215  showing  that
his character of service at the time of discharge was honorable.

Applicant’s complete response 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 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 an error or injustice.   At  the  time  a  member  is
separated from the Air Force, they are furnished an RE code predicated
upon the quality of their  service  and  the  circumstances  of  their
separation.  The assigned  code  reflects  the  Air  Force’s  position
regarding whether or not, or under what circumstances, the  individual
should be allowed to reenlist.  After  careful  consideration  of  the
evidence provided, we are not persuaded that the assigned RE  code  is
in error or unjust or that an upgrade of the RE code is warranted.  In
respect to his request for change of his grade to  sergeant,  we  note
that the applicant received an Article 15 and a suspended reduction to
airman first class; however,  this  suspended  reduction  was  vacated
because of the applicant’s subsequent misconduct. Therefore, we  agree
with the opinions and recommendations of  the  Air  Force  offices  of
primary responsibility and adopt their rationale as the basis for  our
conclusion that the applicant has not been the victim of an  error  or
injustice, and in the absence of persuasive evidence to the  contrary,
we find no compelling basis to recommend granting the relief sought in
this application.

4. Additionally,  we  note  that  the  applicant’s  DD  Form  214  was
administratively corrected  by  AFPC/DPSOY  to  reflect  that  he  was
honorably discharged.

_________________________________________________________________

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-
02553 in Executive Session on 28 November 2007, under  the  provisions
of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Karen A. Holloman, Member
      Mr. Wallace F. Beard, Jr., Member













The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2007-02553:

      Exhibit A. DD Form 149, dated 1 Mar 07, w/atch.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, AFPC/DPSOE, dated 14 Sep 07.
      Exhibit D. Letter, AFPC/DPSOA, dated 27 Sep 07.
      Exhibit E. Letter, SAF/MRBR, dated 12 Oct 07
      Exhibit F. Applicant’s Response, 16 Oct 07.





      CHARLENE M. BRADLEY
                                             Panel Chair

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