RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00156
				INDEX CODE:  110.00
	APPLICANT	COUNSEL:  NYS Division VA

	SSN		HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant requests that the reenlistment code (RE) she received be changed or waived to allow her to reenter military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since her reason for discharge was changed her RE code should also be changed to allow her to reenter military service.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 31 Jan 96 for a period of four years.

On 27 Aug 96, applicant was notified of her commander’s intent to recommend her for an Under Honorable Conditions (General) Discharge for commission of a serious offense and other serious offenses.

The commander stated the following reasons for the proposed discharge:  the applicant did, at or near Lackland Air Force Base, Texas, on or about 26 Jun 96, willfully and unlawfully alter a public record to wit:  by circling “No Drill/March, No Walk/Stand Over 10 Minutes, No Bend/Stoop, No Night Details” and by changing the expiration date of restriction on WHMC Form 2698.  The applicant received Article 15 punishment, dated 19 Jul 96, that consisted of a reduction to the grade of Airman Basic with a new date of rank of 12 Aug 96.

The commander advised applicant of her right to consult legal counsel; present her case to an administrative discharge board; be represented by legal counsel at a board hearing; submit statements in her own behalf in addition to, or in lieu of, the 
board hearing; or waive the above rights after consulting with counsel.

The commander indicated in his recommendation for discharge action that if approved, the discharge would be described as an Under Honorable Conditions (General) Discharge and applicant would be ineligible for reenlistment in the Air Force.

On 17 Sep 96, after consulting with counsel, applicant submitted statements for consideration for retention in the Air Force.

A legal review was conducted on 25 Sep 96 in which the staff judge advocate recommended the applicant be discharged with service characterized as Under Honorable Conditions (General) without probation and rehabilitation.

Applicant was discharged on 18 Oct 96, in the grade of Airman Basic with a Under Honorable Conditions (General) Discharge, in accordance with AFPD 36-32 and AFI 36-3208, Paragraph 5.52.3, Commission of a Serious Offense, Other Serious Offenses.  She served a total of 8 months, 18 days of active service.

Applicant appealed to the Discharge Review Board (DRB) in Feb 99 to  have  her  discharge  upgraded  to  honorable.  The  DRB  on 5 Oct 99, granted the request to upgrade the discharge to honorable, the reason for separation now would read “Secretarial Authority,” with SPD code of “KFF,” and the reenlistment code would be changed to “2C.”

_________________________________________________________________

AIR FORCE EVALUATION:

The Special Programs and AFBCMR Manager, Directorate, Personnel Program Management, AFPC/DPPAE, reviewed the application and states the applicant’s commander was within his rights to involuntary discharge the applicant.  They further state that the applicant has not demonstrated that the discharge was inappropriate or not in compliance with the Air Force policy.  DPPAE recommends denying the requested relief.

A complete copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 2 Mar 01, for review and response.  As of this date, no response has been received by this office.  

_________________________________________________________________

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 of timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  While the RE code assigned to the applicant, at the time, was technically correct and in accordance with the governing regulation, the Board majority believes it would be an injustice for the applicant to continue to suffer its effects considering the applicant appealed to the Discharge Review Board to have her discharge upgraded and the DRB upgraded the discharge on the basis that the characterization for the discharge was too harsh for the misconduct.  It is noted that DPPAE recommended not changing the reenlistment code, but the Board majority believes that the applicant should be afforded the opportunity to apply for a waiver to enlist in the armed services.  Whether or not she is successful will depend on the needs of the service and our recommendation in no way guarantees that she will be allowed to return to the Air Force or any branch of the service.  Therefore, we recommend her reenlistment code be changed to “3K.”

_________________________________________________________________

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 her discharge on 18 October 1996, she was issued a Reenlistment Eligibility Code (RE) of “3K.”

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 8 May 2001, under the provisions of AFI 36‑2603:

			        Panel Chair
			        Member
			        Member

By majority vote, the Board recommended granting the application. Mr. XXXXXX voted to deny correcting the records but he does not desire to submit a Minority Report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Nov 00, w/atchs.
   Exhibit B.  Master Personnel Records.

   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 16 Feb 01.
   Exhibit D.  Letter, SAF/MIBR, dated 2 Mar 01.

				
				Panel Chair

AFBCMR 01-00156
INDEX CODE:  110.00

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 her discharge on 18 October 1996, she was issued a Reenlistment Eligibility Code (RE) of “3K.”