RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02807
		INDEX CODE:  100.03, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he may serve in the Naval Reserve Intelligence Service.

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APPLICANT CONTENDS THAT:

His was discharged in 1985 for failing room inspections.  He was given an Article 15 for failing room inspections and spent 30 days in correctional custody for failing room inspections.  He feels that the charges for failing room inspections were ludicrous and the result of his first sergeant who openly exclaimed that he was going to do everything he could to make the applicant a civilian.  Some of the room inspection failures were for dust on a door hinge, dust on a cotton flag, or a dirty refrigerator that was communally used, and in fact, not used by the applicant.  He does not dispute that he owed the NCO club $40 or that he got two speeding tickets.  But the bulk of his separation was balanced on the point of room inspection failures which were the result of the personal vendetta between him and the first sergeant.  Because his first sergeant lied about the details of the room inspections the commander ordered s Social Actions investigation which resulted in the first sergeant's early retirement.  

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 13 May 85, applicant was notified by his commander that he was recommending that he be discharged from the Air Force in accordance with AFR 39-10, paragraphs 5-46 and 5-47a for a pattern of minor disciplinary fractions and misconduct.  The specific reasons for this action were; he received letters of reprimand on 24 Apr 85, 11 Apr 85, 8 Feb 85, 13 Nov 84, 29 Mar 84, 10 Feb 84, and 28 Jul 83; he received letters of counseling on 1 Aug 84, 12 Mar 84, and 31 Oct 83; he received a letter of admonishment on 10 Sep 84, he received nonjudicial punishment under Article 15 of the Uniformed Code of Military Justice (UCMJ) on 12 Mar 84, he was issued an armed forces traffic ticket, and he received an incident/complaint report.  He was advised of his rights in this matter and acknowledged receipt of the notification on that same date.  The applicant provided a written statement on his own behalf.  In a legal review of the case, the staff judge advocate, found the case legally sufficient and recommended that he be discharged with a general (under honorable conditions) discharge, without probation and rehabilitation.  On 4 Jun 85, the discharge authority concurred with the recommendations and directed that he be discharged without probation and rehabilitation.  Applicant was discharged from the Air Force on 7 Jun 85.  He served 2 years, 5 months, and 25 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states that the 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 new evidence or identify any errors or injustices that occurred in the discharge proceedings.  He petitioned the Air Force Discharge Review Board (AFDRB) to upgrade his discharge to honorable in 1993.  His request was denied but the AFDRB did change the reason for his discharge to Minor Disciplinary Infractions.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE states that the RE code of 2B "Involuntarily separated with a general or under other than honorable conditions discharge" is correct.  The DPPAE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 Jan 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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 error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we are not persuaded by the evidence submitted in support of his appeal that a change to his RE code is warranted.  We find no evidence of error in this case and after thoroughly reviewing the evidence of record, we do not believe he has been the victim of an injustice.  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.  In the absence of evidence to the contrary, we find no 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 Docket Number BC-2002-2807 in Executive Session on 27 Mar 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Aug 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated.23 Sep 02.
    Exhibit D.  Letter, AFPC/DPPAE, dated 27 Dec 02.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.