RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00166
		INDEX NUMBER:  100.03
		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed in order for him to reenlist in the Air Force.

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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:

On 2 July 1996, the applicant enlisted in the Regular Air Force in the grade of airman basic.  He was promoted to the grade of airman (Amn/E-2), with an effective date and date of rank of 2 January 1997.  Applicant’s grade at time of discharge was airman (Amn/E-2).

On 3 June 1997, the applicant was discharged by reason of misconduct and issued reenlistment eligibility (RE) code 2B.  The pertinent facts surrounding his discharge are contained in the Air Discharge Review Board (AFDRB) Hearing Record at Exhibit C.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and addressed the reason for the discharge.  They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge process.  Accordingly, they recommended his records remain the same and his request be denied (Exhibit D).

HQ AFPC/DPPAE reviewed the applicant’s case file and determined that the reenlistment eligibility code of 2B, “separated with a general or under other than honorable conditions (UOTHC) discharge” is correct.  They stated that on 3 June 1997, the applicant was involuntarily separated and given a general (under honorable conditions) characterization of service.

A complete copy of the evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 22 March 2002 for review and comment within 30 days.  As of this date, no response has been received by this office (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 timely filed.

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 opinion and recommendation of the Air Force office 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.

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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.

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The following members of the Board considered this application AFBCMR Docket Number 02-00166 in Executive Session on 8 May 2002, under the provisions of AFI 36-2603:

	

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Oct 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFDRB Hearing Record, dated 12 Nov 98.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 11 Feb 02.
    Exhibit E.  Letter, HQ AFPC/DPPAE, dated 5 Mar 02.
    Exhibit F.  Letter, SAF/MRBR, dated 22 Mar 02, w/atchs.