RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2003-02860
							INDEX CODE 100.06
	 						COUNSEL:  American Legion

							HEARING DESIRED:  Not Indicated

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed so he can reenlist.

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THE APPLICANT CONTENDS THAT:

He was not treated properly while in the service.  He has not had any problems in the civilian world. He has not found full-time employment since leaving the military. He would like to try for a career now that he is older and better able to manage personal relations with others.

In support of the appeal, the applicant submits a personal statement, a resume, military certificates and some post-service information.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 15 Nov 90 and was assigned to the XXth Fighter Interceptor Squadron.

On 8 Jul 92, the commander notified the applicant of his intent to recommend him for a general discharge for a pattern of misconduct. The commander cited the following reasons:

		An Article 15 on 27 Mar 91 for wrongfully consuming alcohol while under age 21, not complying with lights out, and biting a person on the neck on 22 Mar 91.

		A Record of Counseling (ROC) on 29 Oct 91 for reporting late for work that day.

		A Memo for Record of counseling on 31 Oct 91 for reporting late for duty that day, his second incident within two days.

		A Letter of Reprimand (LOR) on 2 Mar 91 for assaulting a sergeant on 15 Feb 91. The LOR was placed in an Unfavorable Information File (UIF) and the applicant was placed on the Control Roster.

		ROCs on 23 and 24 Apr 92 for reporting late to work on those days.

		An Article 15 on 26 Jun 92 for grabbing a sergeant around the neck with both hands on or about 6 Jun 92.

		An ROC on 1 Jul 92 for being late for work that day.

The applicant acknowledged receipt and his rights but did not submit a statement in his behalf.

The Recommendation Letter and Legal Review could not be found in the available records. However, on 22 Jul 92, the discharge authority directed the applicant’s general discharge without probation and rehabilitation (P&R).

On 7 Aug 92, the applicant was discharged in the grade of airman basic for misconduct with a general characterization of service after 1 year, 8 months and 23 days of active service. He received an unwaiverable RE code of 2B, meaning: “Separated with a general or under-other-than-honorable-conditions (UOTHC) discharge.” The discharge characterization drove the type of RE code the applicant received.

On 1 May 03, in a personal appearance, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request for an honorable discharge and a change in RE code. 

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AIR FORCE EVALUATION: 

HQ AFPC/DPPRS believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discharge authority’s discretion. The applicant has not submitted evidence of errors or injustices. As he has provided no facts warranting a change in his discharge, denial is recommended.  [Note: Although DPPRS states DPPAES will address the RE code, no advisory was provided from that office. The RE issue is addressed in the Statement of Facts.]

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

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APPLICANT’S REVIEW OF EVALUATION: 

A complete copy of the Air Force evaluation was forwarded to the applicant on 7 Nov 03 and to counsel on 1 Dec 03 for review and comment within 30 days.  

The applicant provided a response, claiming he is in college and hopes to get a job in robotics when he graduates. As a National Republican Congressional Committee Majority Gold Member, he handled responsible tasks given him by the committee chairman. He would not have the same problems if he returned to the military.

A complete copy of the applicant’s response is at 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 not timely filed; however, it is in the interest of justice to waive the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  The applicant’s contentions are duly noted; however, we conclude they have not overcome the evidence of record or the rationale of the Air Force.  At the time members are separated from the military, they are furnished an RE code predicated upon the quality of their service and the circumstances of their separation.  After a thorough review of the evidence of record, we conclude the general discharge was appropriate given the applicant’s misconduct and that the RE code, which was driven by the discharge, is correct.  Therefore, we find no basis upon which to recommend favorable action on this application.

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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 this application in Executive Session on 22 January 2004 under the provisions of AFI 36-2603:

The following documentary evidence regarding AFBCMR Docket Number BC-2003-02860 was considered:

	Exhibit A.  DD Form 149, dated 18 Jun 03, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRS, dated 3 Oct 03.
	Exhibit D.  Letters, SAF/MRBR, dated 7 Nov & 1 Dec 03.
	Exhibit E.  Letter, Applicant, undated (received 13 Dec 03).