RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-02717
                                        INDEX CODE:  110.00
                                        COUNSEL: NONE
                                        HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code “2C”  (Involuntarily  separated
with  an  honorable  discharge;  or  entry  level  separation  without
characterization of service)  be  changed  to  allow  him  to  reenter
military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force Discharge Review  Board  (AFDRB)  upgraded  his  service
characterization to honorable, but it was  not  reflected  on  his  RE
code, which he needs changed to enter the Air National Guard (ANG).

In support of his appeal, applicant submitted a copy of  his  DD  Form
214, Certificate of Release or Discharge from Active  Duty,  character
reference statements, and documentation extracted  from  his  military
records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 Apr 02 for a  period
of six years as an airman basic.

The applicant was separated from the Air Force on 7 Dec 06  under  the
provisions  of  AFI  36-3208,  Administrative  Separation  of   Airmen
(misconduct), with a general discharge and a RE  code  of  “2B”  which
denotes separated  with  a  general  or  under  other  than  honorable
conditions (UOTHC) discharge.  He served five years, seven months  and
nine days on active duty.

The applicant appealed to the AFDRB requesting his  general  discharge
be upgraded to honorable.  On  12  Jun  07,  the  AFDRB  approved  his
request and directed his discharge be upgraded to honorable.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends the requested relief be  denied.   DPSOA  states
the AFDRB directed the applicant’s character of service be upgraded to
honorable.  As such, his RE code was changed to 2C  –-  “Involuntarily
separated with an  honorable  discharge;  or  entry  level  separation
without characterization of service.”

The complete AFPC/DPSOA evaluation is at Exhibit C.

AFPC/DPSOS recommends the applicant’s request be denied.  DPSOS states
the applicant has not submitted any evidence or identified any  errors
or injustices that occurred in the processing of his discharge.  Based
upon the documentation in the applicant's  file,  DPSOS  believes  his
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation and the discharge was  within
the sound discretion of the discharge authority.   The  applicant  has
not provided any facts to warrant a change  to  his  discharge  or  RE
code.

The complete AFPC/DPSOS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states  he  wishes
to serve in the ANG  and  is  requesting  help  to  attain  his  goals
(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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or an injustice warranting approval  of  the
applicant's request to change his RE code to a code which would enable
him to reenter military service.  In  cases  of  this  nature,  it  is
standard procedure for this Board to change the RE code to  3K,  which
would allow the applicant to apply  for  a  waiver  for  reenlistment.
However,  in  this  particular  case,  we  believe   the   appropriate
corrective action would be to change his RE code to a "1" series  code
affording him the opportunity for  immediate  reenlistment.   In  this
respect, we took note and agree with the determination  of  the  AFDRB
that the overall quality of  his  service  more  accurately  warranted
honorable  characterization  rather  than  the  general  discharge  he
received.  Our review of the evidence of record has led us to question
the appropriateness of some of the administrative actions used as  the
basis for his discharge and further to believe that  reasonable  doubt
has been established as to whether the decision to discharge him  from
the Air Force  was  based  on  factors  other  than  the  disciplinary
infractions, which in our  opinion  were  relatively  minor  at  best.
Accordingly, it is our opinion that the benefit of any doubt  in  this
matter should be resolved in his favor.  Considering the above,  along
with his many exemplary accomplishments while serving on active  duty,
we believe  the  applicant  is  capable  of  providing  effective  and
meaningful service to this nation and that the appropriate measure  to
take in this particular case is to correct his  records  in  a  manner
which would allow for his immediate reenlistment.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 7 December 2006, he
was discharged under the provisions of  AFI  36-3208,  paragraph  1-2,
(Secretarial Authority) with Separation Program Designator (SPD)  Code
of KFF, and was issued a Reenlistment Eligibility Code of “1J.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-02717 in Executive Session on 3 Jan 08, under the  provisions  of
AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Joseph D. Yount, Member
                 Ms. Teri G. Spoutz, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Aug 07, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSOA, dated 10 Sep 07.
   Exhibit D.  Letter, AFPC/DPSOS, dated 11 Sep 07.
   Exhibit E.  Letter, SAF/MRBR, dated 5 Oct 07.
   Exhibit F.  Letter, Applicant, not dated.




                                        MICHAEL K. GALLOGLY
                                        Panel Chair






AFBCMR BC-2007-02717





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 that:

      The pertinent military records of the Department of the Air Force
relating to             , be corrected to show that on 7 December 2006,
he was discharged under the provisions of AFI 36-3208, paragraph 1-2,
(Secretarial Authority) with Separation Program Designator (SPD) Code
of KFF, and was issued a Reenlistment Eligibility Code of “1J.”




                       JOE G. LINEBERGER
                       Director
                       Air Force Review Boards Agency