RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01972
				INDEX CODE:  110.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Applicant requests his reenlistment eligibility (RE) code be changed to allow him to reenlist into the Air Force (AF).

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APPLICANT CONTENDS THAT:

His immaturity and personal issues contributed to his misconduct.  He had to learn the hard way and took his enlistment for granted.  He would appreciate the opportunity to continue to serve and desires a second chance.

Applicant's complete submission, with attachments, is attached at Exhibit A.
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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 January 2002 for a period of four years. 

On 29 July 2002, the applicant’s commander notified the applicant of his intent to recommend him for discharge for Entry Level Performance or Conduct.  The specific reasons for the discharge action were:

	a.  On 22 April 2002, the applicant was late for physical conditioning; as a result of this misconduct the applicant received an AETC Form 341 (Excellence/Discrepancy Report), dated 22 April 2002.

	b.  On 23 April 2002, the applicant fell asleep twice in class and was chewing gum; as a result of these offenses, the applicant received an AETC Form 173 (Student Record of Academic/Nonacademic Counseling and Comments), dated 23 April 2002.

	c.  On 3 May 2002, the applicant’s conduct in class was inappropriate by using profanity, consistently asking questions that had no relevance to the topic and making inappropriate comments which disrupted the class.  For this misconduct the applicant received a Student Record of Academic/Nonacademic Counseling and Comments (AETC Form 173), dated 3 May 2002.

	d.  The applicant, on or about 10 May 2002, violated a lawful regulation under Article 92, UCMJ, by renting a hotel room.  For this offense the applicant received an AETC Form 341 and a Letter of Reprimand (LOR), dated 11 May 2002.

	e.  The applicant, on 23 May 2002, pulled on a door by yanking on it and got in the face of and yelled at an Airman and refused to give him a AETC Form 341.  As a result of this offense, the applicant received an Excellence/Discrepancy Report (AETC Form 341), dated 23 May 2002.

	f.  The applicant, on 31 May 2002, made offensive comments to another airman in the presence of other military personnel.  For this misconduct the  applicant received an AETC Form 173, dated 31 May 2002.

	g.  The applicant, on 31 May 2002, in violation of Article 92, UCMJ, was derelict in the performance of his duties by consuming alcohol while under the legal age of 21.  For this misconduct the applicant received an Article 15, dated 17 June 2002, with punishment consisting of forfeiture of $257.00, 14 days of extra duty, of which 7 days were suspended, and a reprimand.

	h.  On 6 June 2002, the applicant failed to perform his detail; as a result of this incident, the applicant received an AETC Form 341, dated 6 June 2002.

	i.  The applicant was verbally counseled on 10 June 2002, for taking an unauthorized break from the classroom.  On 12 June 2002, the applicant demonstrated unprofessional conduct and lack of military bearing by laughing at a fellow student and fell asleep  twice  in  class.  He  received an AETC Form 173, dated 10 and 12 June 2002.

	j.  The applicant, on 11 June 2002, broke Phase 1 by loitering at the mini-mall in his physical conditioning clothes and did not have an AETC Form 341 on him.  He received an AETC Form 341 dated, 11 June 2002.

	k.  The applicant was formally reprimanded and received an AETC Form 173 on 25 June 2002 for exhibiting a lack of military bearing.

	l.  The applicant, on 3 July 2002, received an AETC Form 173, dated 3 July 2002 for being involved in horseplay in the breakroom.

The commander advised applicant of his right to consult legal counsel, submit statements in his own behalf, or waive the above rights after consulting with counsel.

On 29 July 2002, after consulting with counsel, applicant waived his right to submit a statement.

A legal review was conducted in August 2002 in which the staff judge advocate recommended the applicant be separated with an entry level separation.

On 6 August 2002, the discharge authority approved the applicant’s entry level discharge.

On 13 August 2002, the applicant while serving in the grade of airman basic was separated from the Air Force under the provisions of AFI 36-3208 for entry level performance and conduct with an uncharacterized entry level separation.  He served 6 months and 14 days of active military service.  He was issued an RE code of 2C which denotes he was involuntarily separated with an honorable discharge, or entry level separation without characterization of service.

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AIR FORCE EVALUATION:

AFPC/DPPRS states that based upon the documentation in the applicant's records, they believe his discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Also, the discharge was within the sound discretion of the discharge authority.

Air Force policy is that entry-level separations/uncharacterized service characterizations are given to service members who have not completed more than 180 days of continuous active service.  The Department of Defense (DOD) determined if a service member served less than 180 days of active service, that it would be unfair to the member to characterize that service.  The applicant's uncharacterized service is correct and in accordance with DOD and AFIs.  The uncharacterized separation should not be viewed as negative and not be confused with other types of separations.

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

AFPC/DPPAES states the applicant received a reenlistment eligibility code of "2C," indicating the member was involuntarily separated with an honorable discharge, or entry level separation without characterization of service, which 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 5 September 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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice concerning the applicant’s reenlistment eligibility (RE) code.  The applicant’s contentions and the letters submitted in support of his request are duly noted; however, it appears that the RE code which was issued at the time of his separation accurately reflects the circumstances of his separation.  The applicant has not provided persuasive evidence showing that the assigned code is in error or unjust or contrary to the prevailing instruction.  Therefore, we conclude there is no basis upon which to recommend favorable action on his request to the change RE code.

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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-2003-01972 in Executive Session on 7 October 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, 17 Jun 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPRS, dated 9 Jul 03.
	Exhibit D.	Letter, HQ AFPC/DPPAE, dated 13 Aug 03.
	Exhibit E.	Letter, SAF/MRBR, dated 5 Sep 03.