RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01231
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code of 2B reflected on his DD Form 214 was given unjustly.

In support of the appeal, applicant submits a personal statement and a copy of his DD Form 214.  Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 17 May 1989 for a period of 4 years.

On 4 September 1990, the commander notified the applicant that he was recommending a discharge for a pattern of minor disciplinary infractions.  He recommended a general discharge.  Basis for the action was an Article 15, dated 1 August 1990, for writing two checks to the Base Exchange (BX) with insufficient funds; and a Letter of Reprimand (LOR) and placement on the control roster for failure to pay said debts on 2, 16 and 30 June 1990.  His commander counseled him because in February 1990 he wrote 14 bad checks to the BX.  He had numerous incidents of financial mismanagement, all well documented in his records.  Additionally, in October 1989, he received a LOR for under-aged drinking.  He consulted military legal counsel but declined to submit statements in his behalf.  The base legal services 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 26 September 1990 under the provisions of AFR 39-10 (Misconduct - Pattern of Minor Disciplinary Infractions) with a general (under honorable conditions) discharge.  He served one year, four months and ten days of total active service.  He was assigned an RE code of 2B.

_________________________________________________________________

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.  Therefore, they recommend denial of the applicant’s request.

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

AFPC/DPPAE states that the assignment of the reenlistment eligibility (RE) code of 2B “Involuntarily separated with a general or under other than honorable conditions discharge” is correct.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 June 2003, a copy of the Air Force evaluation was 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, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  We do note that if documentation is provided regarding his post-service activities, in particular, showing that he has become a responsible citizen and has consistently demonstrated the ability to pay his debts, his request can be reconsidered.  In the absence of such evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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, BC-2003-01231, in Executive Session on 31 July 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 27 Mar 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 5 May 02.
	Exhibit D.	Letter, AFPC/DPPAE, dated 16 Jun 03.
	Exhibit E.	Letter, SAF/MRBR, dated 19 Jun 03.