RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02041
		INDEX CODE:  110.03

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2C (ineligible to reenlist) be changed to a 1 (eligible to reenlist).

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APPLICANT CONTENDS THAT:

While there were no errors or injustices at the time of his discharge, he would like the Board to consider granting his request based on clemency.  Around the end of July 2000, he was struggling with the pressing problem of not being able to locate his mother and sister.  As a result, he included incorrect information on a security form he filled out for enlistment.  Consequently, on 30 August 2000, he received a general discharge for erroneous enlistment.

Since his discharge, he has resolved the problems with his family and has used these past three years as a growing experience.  He now realizes he is responsible for his actions and cannot let personal or family problems get in the way of his obligations.  He states he has helped his family to the point where they are self-sufficient and no longer reliant on him.  He knows his actions were wrong and immature but he loves the Air Force and wants nothing more but to return.  He has enclosed letters of recommendation that he hopes will attest to his learning his lesson.  He asks for a second chance to be a great airman in the best Air Force in the world.

In support of his appeal, the applicant has provided a personal statement, two letters of recommendation, and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 March 2000.  On 18 January 2000, he denied, “Ever being involved in unauthorized trafficking, cultivating, process, manufacturing, or sale of any legal or illegal drugs” on his AF Form 2030 (USAF Drug Certificate).  On or about 26 July 2000, he changed his response to this question to a “yes” on his security questionnaire.  On 25 Aug 2000, he waived his right to counsel and declined to submit statements on his behalf.  On 29 August 2000, he was discharged with service characterization of “Uncharacterized” as he had not completed his first 180 days of service.  He had served five months and three days at the time of his discharge.

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this case and recommended denial.  DPPRS states that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and within the discretionary powers of the discharge authority.  No new evidence or any identification of error or injustice has been presented to warrant a change to the discharge.

DPPRS’s complete evaluation is attached at Exhibit C.

AFPC/DPPAE has reviewed this case and verified that the RE code of 2C, “Involuntarily separated with an honorable discharge; or entry-level separation without characterization of service” is correct.

DPPAE’s evaluation is attached at 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 9 February 2004 for review and comment within 30 days.  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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting partial relief.  After reviewing the evidence of record, we believe that the RE code issued at the time of separation was accurate.  However, in view of the applicants desire to join the Air National Guard (ANG) and noting the statement submitted by his Junior ROTC (JROTC) commander, we recommend that applicant’s RE code be changed to 3K to allow him to apply for enlistment.  The code is a waiverable code that, if applicant is found otherwise eligible for enlistment, can be waived.  We considered applicant’s request for an RE code of “1”; however, based on the circumstances surrounding his separation, we do not believe that a further upgrade is justified.

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.

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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 at the time of his release from active duty on 31 August 2000, he was issued a reenlistment eligibility (RE) code of 3K.

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The following members of the Board considered this application in Executive Session on 30 March 2004, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jul 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 25 Jul 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 12 Dec 03.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Jan 04.

 

BC-2003-02041

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 at the time of his separation from active duty on 31 August 2000, he was issued a reenlistment eligibility (RE) code of 3K.