RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-02511
							INDEX CODE:  110.02
    							COUNSEL:  NONE

    							HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2C be changed so he may enlist in the Kansas Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After Basic Military Training, he made a grave error of not paying attention to his actions while shopping and placed an item in his pocket while looking at luggage.  He was apprehended and charged with shoplifting.  He was separated from the Air Force on 21 November 1995 and given an RE code of 2C.  With this code he has been unable to enlist in other branches of the US military.  The Kansas Air National Guard recruiter has informed him that his RE code can be changed by a review of the Board.  Since his discharge he has grown considerably and has greatly missed the time he served.  His reasons for originally enlisting have not changed.  In fact, he has much more to offer to his nation and fellow citizens and would like the opportunity to do so again.  

In support of his request, he submits a personal statement.  

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 23 August 1995 at the age of 18 in the grade of basic airman (E-1) for a period of 4 years.  

On 13 October 1995, nonjudicial punishment was offered to the applicant under Article 15, UCMJ for stealing a box of Channel perfume, of a value of $32.00.  The applicant was advised of his rights in the matter.  After consulting counsel, the applicant waived his right to demand trial by court-martial and accepted the nonjudicial proceedings.  He provided a written presentation and requested a personal appearance before the commander.  On 31 October 1995, after considering the matters presented by the applicant, the commander determined he had committed one or more of the offenses alleged and imposed punishment on the applicant.  The applicant was ordered to forfeit $395 of his pay per month for two months.  The applicant elected not to appeal the punishment.

In the meantime, on 14 October 1995, the applicant was notified of his commander’s intent to recommend his discharge for commission of a serious offense in accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.52.3, with an entry-level separation.  He was advised of his rights and waived his right to counsel and elected not to submit statements in his own behalf.  In a legal review of the discharge case file, the judge advocate found it legally sufficient.  On 15 November 1995, the discharge authority directed that he be discharged with an entry-level separation.  He served 2 months, and 29 days on active duty.  An RE-2C was assigned.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that based upon the documentation on file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days continuous active service.  The Department of Defense determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE states that the applicant separated 21 November 1995 after serving 2 months and 29 days active service.  The Reenlistment Eligibility (RE) code of 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct.  The DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 1 November 2002 for review and response.  As of this date, this office has received no response

_________________________________________________________________

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.  After careful consideration of the applicant’s request and the available evidence of record, we see no evidence of an error or injustice that would warrant corrective action.  Therefore, 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.  Should the applicant provide documentary evidence pertaining to his post-service activities demonstrating an established pattern of good behavior, the Board would be willing to reconsider his appeal.  However, in the absence of such evidence, favorable action is not recommended.

_________________________________________________________________

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 this application in Executive Session on 19 February 2003, under the provisions of AFI 36‑2603:

The following documentary evidence was considered for AFBCMR Docket Number 02‑02511:

     Exhibit A.  DD Form 149, dated 1 Aug 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 19 Aug 02.
     Exhibit D.  Letter, AFPC/DPPAE, dated 24 Oct 02.
     Exhibit E.  Letter, SAF/MRBR, dated 1 Nov 02.