RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00431
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2B be changed to something that will allow him to enter the Air Force.

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APPLICANT CONTENDS THAT:

He made some mistakes while in the service which he regrets.  He now looks back and sees how his life could have been better if he had not made some of those mistakes.

His problems started when he was caught drinking under age, it was then that everything started to tumble down on him.  He was offered an opportunity to cross-train, but he had come into the Air Force to be a 4N and that is what he wanted to be.  So he took the easy way out and decided he would rather be discharged than cross-train.

In support of his appeal, applicant submitted a personal statement and two reference letters, one from a nurse administrator and the other from his employer.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 23 Jan 01 for a period of four years in the grade of airman basic (AB/E-1).  

On 4 Dec 01, the squadron section commander initiated administrative discharge action against the applicant for a Pattern of Unsatisfactory Performance, Failure to Progress in On-the-Job Training (OJT), and Misconduct, Minor Disciplinary Infractions.  The specific reasons for the proposed action were:

On or about 20 Jun 01, while in Phase I of Course No. J3AQR4N031, Medical Service Apprentice, Sheppard AFB, TX, applicant was seen at the Base Exchange in civilian clothes, in violation of an order listed in Appendix C of the 882nd Training Guide.  For this he received a letter of reprimand (LOR) and establishment of an unfavorable information file (UIF).

On or about 30 Jul 01, he was derelict in the performance of his duties, by not wearing one of his student badges above his name strip, as instructed.

On or about 1 Aug 01, applicant was given permission to leave the unit to pick up airplane tickets at the base terminal.  He was gone for over two hours and did not call his section.  In addition, upon returning from the base terminal, he left for lunch and was gone for over an hour, knowing that this was not allowed.  For these actions, he received an LOR, which was placed in his existing UIF.

On or about 11 Aug 01, he was derelict in the performance of his duties in that he willfully failed to refrain from consuming and possessing alcohol while under the 21 years of age.  For this misconduct, he received an Article 15.  The Article 15 punishment imposed on the applicant consisted of reduction to the grade of airman basic, with a new date of rank of 19 Oct 01, and 15 days of extra duty.

On 29 Sep 01, applicant was disenrolled from Phase II of Course No. J5ABO4N031-000 at Sheppard AFB, TX, due to his continuous pattern of misconduct and unwillingness to abide by the rules and regulations set forth by the Air Force.

On or about 1 Nov 01, he failed to report to duty on time.  He received a letter of reprimand (LOR).

Applicant acknowledged receipt of the discharge notification.  On 6 Dec 01, after consulting with counsel, he declined to submit statements in his own behalf.  On 7 Dec 01, the medical group commander concurred with the discharge action.  On 11 Dec 01, the Deputy Staff Judge Advocate found the case file legally sufficient to justify an administrative discharge for unsatisfactory performance, failure to progress in OJT, and misconduct, minor disciplinary infractions and recommended that the applicant be separated with a general discharge, without probation or rehabilitation.  On 18 Dec 01, the discharge authority approved a general discharge, without probation and rehabilitation.

On 19 Dec 01, the applicant was discharged under provisions of AFI 36-3208 by reason of misconduct, with service characterized as general (under honorable conditions).  He was given RE code 2B, “Involuntarily separated with a general or under other than honorable conditions discharge.”  He served 10 months, and 27 days on active duty.

On 15 Nov 02, the Air Force Discharge Review Board (AFDRB) found that neither evidence of record, nor that provided by the applicant, substantiated an inequity or impropriety which would justify a change in the discharge (see AFDRB Hearing Record at Exhibit B).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial.  They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing nor did he provide any facts warranting an upgrade of the discharge.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPAE also reviewed this application and indicated that the RE code of 2B, “Involuntarily separated with a general or under other than honorable conditions discharge” is correct.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 16 May 03 for review and comment within 30 days.  As of this date, no response has been received by this office (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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  At the time a member is separated from the Air Force, they are furnished an RE Code predicated upon the quality of their service and the circumstances of their separation.  The assigned code reflects the Air Force’s position regarding whether or not, or under what circumstances, the individual should be allowed to reenlist.  Applicant’s RE code of 2B accurately reflects his involuntary separation with a general discharge.  After careful consideration of the evidence provided, we are not persuaded that the assigned RE code is in error or unjust or that an upgrade of the RE code is warranted.  We therefore conclude that no basis exists upon which to recommend favorable action on his request that it be changed.

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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 AFBCMR Docket Number BC-2003-00431 in Executive Session on 2 July 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Dec 01, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 26 Mar 03.
    Exhibit D.  Letter, HQ AFPC/DPPAE, dated 6 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 16 May 03.

                                   
                                   Panel Chair