RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-03053
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be granted an age waiver and change of reenlistment  (RE)  code  from  2C
(involuntary  separated  with  an  honorable  discharge;  or   entry   level
separation without characterization of service) to one that would allow  him
to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was informed his RE code was 3 (ineligible)  which  made  him  ineligible
for reenlistment.

He is 44 years old and wants to reenlist  in  the  Army  but  needs  an  age
waiver to do so.

There is no error in his records and he has made it  known  the  reasons  of
his discharge were of his own making.

He was immature and irresponsible at the time of his enlistment in 1980  but
has grown and matured since then.

In support of his request, the applicant provided  copies  of  congressional
responses.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the active duty Air Force on 1 Dec 80.  He served  for
a period of 1 year, 8 months, and 3 days.

On 1 Sep 81, the applicant received a Letter of Reprimand  for  assault  and
carrying an illegal weapon (knife with a blade in excess of 3½ inches).

On 14 Sep 81, the applicant received an Article 15,  Record  of  Nonjudicial
Punishment, for assault on a security policeman while in the performance  of
his official duties and willful damage to government property (kicked  holes
in detention cell wall).  The applicant received a  suspended  reduction  to
airman basic, was ordered to forfeit $50 for  two  months,  and  ordered  to
perform 15 days extra duty.

Records indicate the applicant was sent to the Mental  Health  Clinic  on  5
Oct 81 and  his  suspended  reduction  to  E-1  was  set  aside  to  instill
confidence in  his  apparent  progression.   A  psychiatric  evaluation  and
interview dated 27 Oct 81 stated  the  applicant  was  unwilling  to  accept
responsibilities, was a very sensitive individual, and  was  very  immature,
unreasonable, had dramatic conflicts with authority, and had a chip  on  his
shoulder.  The applicant was  diagnosed  as  having  Histrionic  Personality
Disorder.

On 29 Mar 82, the applicant was placed on the Control  Roster  and  sent  to
Social Actions.  He attended one meeting, showed  up  late  for  the  second
meeting and then dropped out.

On 7 May 82, the applicant received an Article 15 for  being  disorderly  on
station.   In addition, he was  reduced  in  grade  to  airman,  ordered  to
forfeit $50 for two months, and perform 10 days extra duty.

On 28 Jun 82, the applicant’s commander notified him  of  pending  discharge
actions.   Specifically,  the  commander  cited  the  applicant’s   frequent
misconduct of a discreditable nature with military authorities as the  basis
for discharge.

The applicant acknowledged receipt and on 12 July 82, consulted counsel  and
offered a conditional waiver  contingent  upon  the  receipt  of  a  general
discharge.

On 23 Jul 82, the staff judge advocate found  the  case  legally  sufficient
and recommended no probation and rehabilitation.

On 28 Jul 82, the discharge authority accepted the  applicant’s  conditional
waiver and directed that the applicant be discharged with a  general  (under
honorable conditions) discharge.

On 3 Aug 82, the applicant was discharged with a  general  (under  honorable
conditions) discharge.

On 30 Aug 82, the applicant  submitted  an  application  to  the  Air  Force
Discharge Review Board  (AFDRB)  requesting  his  general  (under  honorable
conditions) discharge be upgraded  to  an  honorable  conditions  discharge.
The AFDRB reviewed all the evidence of record and concluded that  there  was
no basis for upgrade of the discharge.

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS 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 discharge was within the discretion of the discharge authority.

The applicant did  not  submit  any  evidence  or  identify  any  errors  or
injustices that occurred in  the  discharge  proceedings.   He  provided  no
facts warranting a change to his  RE  code  or  under  honorable  conditions
(general) discharge.

The complete AFPC/DPSOS evaluation is at Exhibit C.

AFPC/DPSOA recommends denial.  DPSOA states there is no error  or  injustice
noted.  The Air Force Discharge Review Board reviewed the  case  and  denied
the appeal for upgrade.  The correct RE code at the time was  2B  (separated
under AFM 39-12, with less than an honorable discharge).

Examiner’s Note:  AFPC states that the correct RE code at the  time  of  the
applicant’s discharge was 2B. However, the applicant’s DD Form 214  reflects
2C (involuntarily separated with an  honorable),  which  appears  to  be  in
error since the applicant did not receive an honorable discharge.

The complete AFPC/DPSOA evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

A copy of the Air Force evaluations were forwarded to the  applicant  on  30
Nov 07 for review and comment within 30 days (Exhibit E).  As of this  date,
this office has not received a response.

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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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  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.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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-2007-03053
in Executive Session on 16 January 2008, under the  provisions  of  AFI  36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Patricia R. Collins, Member
      Ms. Audrey Y. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atchs, dated 13 Sep 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPSOS Memorandum, dated 19 Oct 07.
    Exhibit D.  AFPC/DPSOA Memorandum, w/atchs, dated
                31 Oct 07.
    Exhibit E.  SAF/MRBR Letter, dated 30 Nov 07.




                                   CHARLENE M. BRADLEY
                                   Panel Chair