RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02941,
							    Case 2
			XXXXXXXXXX	INDEX CODE:  110.00
				COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His Separation Code and his reenlistment eligibility (RE) code be changed so he can enlist the Air Force Reserve.

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APPLICANT CONTENDS THAT:

During his time in the Air Force he was unable to fulfill his obligations due to multiple family problems.  He has been in the Naval Reserves since 16 August 2000 and has been working for the Arizona Department of Corrections.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

On 21 February 1991, the applicant enlisted in the Regular Air Force as an airman basic for a period of four years.  

On 7 July 1992, the applicant was notified of his commander’s intent to initiate discharge action against him for failure to progress in on-the-job training (OJT).  The commander recommended an honorable discharge.  The reasons for the discharge action were:

	a.  On 10 February 1992, the applicant prepared several meals in which he shorted the customers two items.  He then prepared another order in which the crew was shorted several items.  For this lack of attention to detail he received a Letter of Reprimand on 11 February 1992.

	b.  The applicant on 16 March 1992, failed his first End of Course (EOC) test with a 46 percent score and on 21 April 1992, 
the applicant failed his second End of Course test with a 58 percent score (65 percent was needed for a passing score).  By failing his EOC test twice, he was unsatisfactorily performing his duties in that he was failing to progress in OJT. 

	c.  On 20 May 1992, the applicant was derelict in his duties when he jeopardized the delivery of flight meals by bagging 20-25 meals to a bag instead of 10 meals to a bag.  On 26 May 1992, the applicant failed to fill out and complete the NAB Form 211 and failed to restock the kitchen with chef salads after his shift.  On 27 May 1992, the applicant missed a Flight Kitchen meeting and an appointment with the superintendent.  The applicant after calling in sick and saying he could not make the appointments showed up at the Inflight Kitchen 90 minutes later in Honor Guard attire.  For this  misconduct the  applicant  received an LOR on 29 May 1992.

The commander advised applicant of his right to consult legal counsel and that military legal counsel had been obtained for him; and to submit statements in his own behalf; or waive the above rights after consulting with counsel.

On 7 July 1992, after consulting with counsel, applicant waived his right to submit a statement.

A legal review was conducted on 10 July 19920 in which the staff judge advocate recommended the applicant be discharged with an honorable discharge without probation and rehabilitation.

On 14 July 1992, the discharge authority approved the discharge.

Applicant was discharged on 15 July 1992, in the grade of airman first class with an honorable discharge, in accordance with AFR 39-10 (Unsatisfactory Performance).  He served a total of 1 year, 4 months and 25 days of active service.

In an application dated 27 June 1995, the applicant requested to have his RE code changed.  The Board considered and denied his request to change his RE code on 9 February 1996.

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AIR FORCE EVALUATION:

AFPC/DPPRS states the applicant has not submitted any evidence nor identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, they believe his discharge was consistent with the procedural and substantive requirements of the discharge regulations of that time.  Also, the discharge was within the sound discretion of the discharge authority.  Therefore, based on 
the information and evidence provided they recommend the applicant's request be denied (Exhibit C).  

HQ AFPC/DPPAE states the applicant’s reenlistment eligibility code of "2C," indicating the member was “Involuntary separated with an honorable discharge; or entry level separation without characterization of service” is correct (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 January 2003, for review and response.  As of this date, no response has been received by this office.  

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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 of timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting partial relief.  The applicant is requesting his separation and RE codes be changed to allow him to enlist in the Air Force Reserve.  We note that the separation program designator (SPD) code issued to the applicant at the time of his separation was apparently in accordance with the applicable regulations of that time.  In this respect, the SPD code “JHJ” was the proper code to identify the applicant’s unsatisfactory performance in the on-the-job training and corresponds to the narrative reasons for separation.  Therefore, the Board finds no compelling basis to warrant changing the applicant’s SPD code.  As regards the RE code, we noted that while the RE code assigned to the applicant at the time he was discharged 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.  The applicant stated during his time in the Air Force he was unable to fulfill his obligation due to multiple family problems.  Since that time the applicant has worked for the Arizona Department of Corrections and has served successfully in the Naval Reserve.  The Board majority, therefore, believes the applicant should be afforded the opportunity to apply for a waiver to enlist in the armed services.  Whether or not he is successful will depend on the needs of the service and the Board majority’s recommendation in no way guarantees that he will be allowed to return to the Air
Force or any branch of the service.  In view of the foregoing, the Board majority recommends the applicant’s code be changed to “3K.”

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THE BOARD RECOMMENDS THAT:

The applicant pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that at the time of his discharge on 15 July 1992, he was issued a Reenlistment Eligibility Code (RE) of “3K.”

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The following members of the Board considered AFBCMR Docket Number BC-2002-02941 in Executive Session on 25 February 2003 and 31 March 2003 under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Loeb

By majority vote, the Board recommended granting the application. Mr. Baxter 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 11 Sep 02, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 8 Oct 02.
   Exhibit D.  Letter, AFPC/DPPAE, dated 27 Dec 02.
   Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.
   Exhibit F.  Letter, AFBCMR, dated 7 Mar 03.
   Exhibit G.  Letter, Applicant’s Response.

							

AFBCMR BC-2002-02941
INDEX CODE:  110.00

MEMORNDUM 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 APPLICANT, SSN, be corrected to show that at the time of his discharge on 15 July 1992, he was issued a Reenlistment Eligibility Code (RE) of “3K.”