RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-04029
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Since his discharge was upgraded to honorable, he feels that his RE code should reflect the upgrading of his discharge.

The applicant did not provided any documentation in support of his appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 12 January 1983.

On 8 February 1985, the commander notified the applicant that he was recommending a discharge for a pattern of minor disciplinary infractions and was recommending a general discharge.  Basis for the action:  Letter of Reprimand for failure to comply with unit standards concerning scheduling and leave procedures on 11 June 1984; two Letters of Counseling for failure to comply with AFR 35-10 standards and disobeying a lawful order to check a patient on 17 August 1984 and on 20 November 1984.  He received two Articles 15, dated 23 October 1984 and 23 January 1985, for failure to go at the time prescribed to his appointed place of duty.  Punishment included forfeiture of pay for one month and correctional custody (suspended until March 1985) for 10 days.  However, in January 1985, the suspended portion of his correctional custody was remitted when he received his second Article 15 and was reduced in grade to airman basic.

Following his receipt of notification of the discharge proceedings, the applicant consulted counsel but did not submit statements and stated he did not want to remain in the Air Force.  The base legal office and separation officials reviewed the discharge package and found it legally sufficient to support the discharge.  Probation and rehabilitation (P&R) were not recommended.  The Discharge Authority approved the separation and ordered a general discharge without P&R.

The applicant, while serving in the grade of airman basic, was discharged from the Air Force on 1 March 1985 under the provisions of AFR 39-10 (Misconduct - Pattern of Minor Disciplinary Infractions) with a general (under honorable conditions) discharge.  He served 3 years, 1 month and 20 days of total active service.

The Air Force Discharge Review Board (AFDRB) denied his request for upgrade in October 1987 and referred the case to this Board for further consideration.  Subsequently, the Board upgraded his discharge to honorable on 8 March 1988.  The AFDRB decision document and a copy of the directive are at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  The applicant’s characterization has been upgraded; therefore, they would not be opposed to changing his RE code if relief is granted by AFPC/DPPAES.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPAE states that the applicant was discharged with a general (under honorable conditions) discharge.  The RE code of 2C (Involuntarily separated with an honorable discharge; or entry level separation with characterization of service), is correct.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 February 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  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.  We took notice of the applicant's complete submission in judging the merits of the case; however, after careful consideration of applicant's request and the available evidence of record, we find the application untimely.  Applicant did not file this request within three years after the alleged error or injustice was discovered, or reasonably could have been discovered, as required by 10, U.S.C. 1552 and Air Force Regulation 31-3.  Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits.  Thus, we cannot conclude it would be in the interest of justice to excuse applicant's failure to file in a timely manner.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 8 May 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 31 Oct 02.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 14 Jan 03.
	Exhibit D.	Letter, AFPC/DPPAE, dated 10 Feb 03.
	Exhibit E.	Letter, SAF/MRBR, dated 14 Feb 03.