RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03246
		
		COUNSEL:  
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

Her reenlistment code is unjust due to the fact that the Air Force Discharge Review Board (AFDRB) has changed her discharge to honorable instead of general.

In support of her request, applicant provided a copy of the Correction of Military Records directed by the Air Force Discharge Review Board, Reserve Order, A-042, dated 20 Nov 02, Request and Authority For Change of Administrative Order, dated 21 Nov 02, Reserve Order, A-158, dated 19 Apr 01, relieving applicant from duty, and emails from ARPC/DPSZ and AFPC/MRBR.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 22 Jul 91.  She was progressively promoted to the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 Nov 95.  

On 26 Oct 00, the applicant was notified that she was being discharged under the provisions of AFI 36-3209, Chapter 3, para 3.21.2.4, for a pattern of misconduct, failure to meet financial obligations.  

On 19 Apr 01, Reserve Order A-158, discharged the applicant from the Air Force Reserve effective 4 May 01 with service characterized as general (under honorable conditions) and a reenlistment eligibility status as ineligible.

On 7 Feb 02, the Discharge Review Board reviewed the applicant’s request and concluded that the applicant presented sufficient evidence to justify that an inequity or impropriety occurred.  The applicant’s discharge was upgraded to honorable and changed the basis of her discharge to Secretarial Authority.  The Discharge Review Board considered but declined to change her RE code, vote 3 TO 2 to change (Exhibit B). 

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AIR FORCE EVALUATION:

ARPC/DPM reviewed applicant's request and stated that the applicant’s sole justification in support of this request is that the AFDRB has recently directed that the characterization of her discharge from the service be changed from general to honorable. Characterization of a member’s service on a DD Form 214 has no bearing on a reenlistment eligibility determination. It is solely the duty of the member’s commander to render a decision as to reenlistment eligibility status of an individual.  They did not see anywhere in the member’s paperwork where she refutes the paperwork that accompanies any reenlistment recommendation, namely an AF Form 418.  The commander has made an overt statement by declaring the individual ineligible to reenlist; therefore we recommend disapproval of the member’s request.  However, if the decision is to grant the relief requested the record should be corrected to show the member is eligible to reenlist.

ARPC/DPM complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and stated that her reason to change her reenlist eligibility is many and not the sole justification that Col XXXX suggests. If only the colonel had spoken to her, there would be a better understanding and the letter she sent would not seem so negative toward a person the colonel does not know.  

Applicant’s complete response is at Exhibit E.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After noting the findings of the Discharge Review Board (DRB) and their decision to upgrade the applicant's discharge to honorable, the majority of the Board believes she should be provided another opportunity to serve in the military.  In addition, we noted that the DRB voted 4 to 1 to change her RE code, but at that time the DRB policy was that it had to be an unanimous decision to change an RE code.  In view of the above, the majority of the Board recommends that her record be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that RESERVE ORDER A-042, issued on 20 November 2002, be amended to read that she was separated with a reenlistment eligibility status of “ELIGIBLE.”

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The following members of the Board considered Docket Number 02-03246 in Executive Session on 23 April 2003, under the provisions of AFI 36‑2603:

By a majority vote, the Board voted to correct the records as recommended.  Mr. XXXX voted to deny the application and did not wish to submit a Minority Report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPM, dated 21 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Feb 03.
    Exhibit E.  Applicant’s Response, undated. 

					

AFBCMR 02-03246

MEMORANDUM 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, be corrected to show that, RESERVE ORDER A-042, issued on 20 November 2002, be amended to read that she was separated with a reenlistment eligibility status of “ELIGIBLE.”