RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03845
            INDEX CODE:  100.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2B (Involuntarily  separated
under AFR 39-10, with a general discharge)  be  changed  to  one  that
would allow his entry into another branch of military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge, he was not informed  the  RE code  would
preclude him from enlisting in another branch of service.

In  support  of  his  appeal,  the  applicant  provides  an   expanded
statement, extracts  from  his  military  personnel  records,  college
transcripts, and professional and character reference letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 7 Aug 86 for a period of four years in the
grade of airman basic (E-1).

On 18 Sep 87, he was notified of his commander's intent  to  recommend
his discharge for minor disciplinary infractions.  The reasons for the
action were:

      a.  He did on or about 26 Aug 87, fail to go  to  his  appointed
place bf duty, for which he received an Article 15  and  a  Letter  of
Reprimand (LOR), dated 3 Sep 87.

      b.  He reported late for duty on or about 26 Aug 87,  for  which
he received a Record of Individual Counseling, dated 26 Aug 87.


      c.  He did, on or  about  3  Aug  87,  fail  to  report  to  his
appointed place of duty on time, for which he received an  LOR,  dated
13 Aug 87.

      d.  He failed to report to his appointed place of duty on  time,
on or about 7 Aug 87, for which he received an LOR  and  a  Record  of
Individual Counseling, dated 7 Aug 87.

      e.  On or about 29 Jul 87, he was  not  at  his  appointed  duty
section.

      f.  On or about 26 May 87 , he was found  to  have  unauthorized
weapons and ammunition, stored in your dormitory room,  for  which  he
received an LOR, dated 28 May 87.

      g.  On or about 6 May 87, he sped through the parking lot of the
Diesel Shop.

The applicant was advised of his rights in the matter.   He  consulted
legal counsel and submitted a statement in his own behalf.

On 25 Sep 87, the proposed action was found legally sufficient and  on
1 Oct 87, the discharge authority approved the discharge action.

Applicant was discharged on 9 Oct 87 under the provisions of AFR 39-10
(Misconduct – Pattern of Minor Disciplinary Infractions) and furnished
a general discharge.  He was assigned  an  RE  code  of  2B.   He  was
credited with one year, two months and  three  days  of  total  active
service.

On 15 Apr 03, the Air Force Discharge Review Board (AFDRB)  considered
and  denied  the  applicant’s  request  for  upgrade  of  his  general
discharge to honorable.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating they found no evidence  of  an
error   or   injustice.    Based   on    the    applicant’s    service
characterization, his RE code of 2B is correct.

A complete copy of the AFPC/DPSOA evaluation, with attachments, is  at
Exhibit C.

AFPC/DPSOS  recommends   denial   indicating   that   based   on   the
documentation in the applicant’s records, his discharge was consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation and 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 processing, and he  provided
no facts warranting a change to his RE code.

A complete copy of the AFPC/DPSOS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations, with attachments, were  forwarded
to the applicant on 8 Feb 08 for review and response within  30  days.
As of this date, no response has been received by this office (Exhibit
E).

_________________________________________________________________

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.  We noted the applicant was given a general
discharge for minor disciplinary infractions, and his assigned RE code
of  2B  accurately  reflects  the  circumstances  of  his  separation.
However, as noted, the incidents  were  minor  in  nature.   Also,  it
appears the applicant has made a  successful  transition  to  civilian
life.  Therefore, we recommend that his RE  code  be  changed  to  3K,
which is a code that  can  be  waived  for  prior  service  enlistment
consideration, provided he meets all other requirements for enlistment
under an existing  prior  service  program.   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 the service.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that at the  time  of  his
discharge on 9 Oct 87, his  reenlistment  eligibility  (RE)  code  was
“3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-03845 in Executive Session on 13 Mar 08, under the provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Karen A. Holloman, Member
      Ms. Josephine L. Davis, Member

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

     Exhibit A.  DD Form 149, dated 17 Nov 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOA, dated 27 Dec 07, w/atchs.
     Exhibit D.  Letter, AFPC/DPSOS, dated 28 Jan 08.
     Exhibit E.  Letter, SAF/MRBR, dated 8 Feb 08.




                                   THOMAS S. MARKIEWICZ
                                   Chair





AFBCMR BC-2007-03845




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 at the time of his
discharge on 9 October 1987, his reenlistment eligibility (RE) code
was “3K.”







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency