RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00170
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force.  Accordingly, there is no need to recite these facts in this Record of Proceedings.

On 18 November 1996, the Air Force Discharge Review Board (AFDRB), denied applicant’s request for an upgrade of and change of reason for his discharge.  They concluded that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.  There exists no legal or equitable basis for upgrade of discharge, thus the applicant’s discharge should not be changed (Exhibit B).

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AIR FORCE EVALUATION:

The Military Personnel Management Specialist, Separations Branch, HQ AFPC/DPPRS, reviewed this application and states that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change in his narrative reason for separation or a change in his separation code.  His narrative reason for separation “misconduct” and his separation code “JKN” are in accordance with Department of Defense and Air Force Instructions.  Accordingly, they recommend the applicant’s records remain the same and his request be denied.  He has not filed a timely request.

A complete copy of the evaluation is attached at Exhibit C.

The Special Programs and AFBCMR Manager, Directorate, Personnel Program Management, HQ AFPC/DPPAES, reviewed this application and states that the RE code “2B,” separated with a general or under other than honorable conditions (UOTHC) discharge, is correct.  The applicant was discharged from service on 13 July 1995 with a character of service recorded as general (under honorable conditions).

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluations and states that during his time in the service he did not take life serious enough to know that he was ruining a chance to make an impact for his future.  He knows the fault lies with him.  Some people mature quickly, but he was a later bloomer.  He states that his mind, maturity level, and habits have taken a turn for the better.  His drinking problem was his worst habit.  He admits that he was an alcoholic; however, now he no longer drinks alcohol.  He would like a chance to show that he is a valuable asset for the military.  He knows how important it is to have disciplined personnel in times of crisis and he knows that life is not a game.  In June 1995 he was informed of the discharge recommendation taken against him.  His counsel suggested that he fight the recommendation, but he was convinced that he was not ready for military life at that time.  He accepted the discharge with the intent to reenter when he felt he was mentally ready for the military.  He was not informed that reentry was not an option until after he accepted the discharge.

Applicant’s complete response is at Exhibit F.

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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 probable error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, a majority of the Board agrees with the opinions and recommendations of the Air Force and adopts their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The RE and separation codes issued at the time of separation were in accordance with the applicable regulations.  Separation Program Designator (SPD) code “JKN” was the proper code to identify the applicant’s misconduct, paragraph 5.49 of the applicable Air Force Instruction.  The majority of the Board noted that the applicant’s misconduct was the result of “minor disciplinary infractions.”  The RE code “2B” is used for members separated with a general (under honorable conditions) discharge.  A review of the applicant’s overall duty performance while on active duty would appear to substantiate the reason he was issued an RE code of “2B” and a SPD code of “JKN.”  Therefore, in the absence of evidence to the contrary, a majority of the Board finds no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied.
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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 a majority vote, the Board recommended denial of the application.  Mr.   voted to grant, but he does not wish to submit a Minority Report.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, 5 Jan 01, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.

	Exhibit C.  Letter, AFPC/DPPRS, dated 9 Feb 01.
	Exhibit D.  Letter, AFPC/DPPAES, dated 22 Feb 01.
	Exhibit E.  Letter, SAF/MIBR, dated 16 Mar 01.
	Exhibit F.  Letter, Applicant, dated 4 Apr 01.

		   
		   Panel Chair

AFBCMR 01-00170

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD 
			FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of 

	I have carefully reviewed the evidence of record and the recommendation of the Board members.  A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied.  I concur with that finding and their conclusion that relief is not warranted.  Accordingly, I accept their recommendation that the application be denied.

	Please advise the applicant accordingly.