RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2003-03039
							INDEX CODE 100.06
	 						COUNSEL:  NONE

							HEARING DESIRED:  NO

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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 does not believe he should have received the type of RE code he has. He wants to reenlist. Although he got out of the service, his life is extremely involved in the military.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 26 Jun 97 and was assigned to the XXth Civilian Engineering Squadron (XX CES) at Luke AFB, AZ.

On 31 Mar 98, the commander notified the applicant he was recommending a general discharge for minor disciplinary actions. The commander cited the following reasons:

		A Letter of Counseling (LOC) on 4 Sep 97 for failing his room inspection that day.

		A Letter of Reprimand (LOR) on 20 Nov 97 for having alcohol in his refrigerator on 15 Nov 97 in violation of regulations.

		An LOR on 27 Jan 98 for failing to obey a lawful order to put his ear flaps up and carry his backpack correctly that day.

		An Article 15 on 23 Feb 98 for wrongfully stealing two cassette tapes from the Luke AFB Exchange on 3 Feb 98. (He was reduced from airman to airman basic and given extra duty.)

		An Article 15 on 13 Mar 98 for stealing a cassette tape from the Luke AFB Exchange on 2 Jan 98. (He was reprimanded.)

The applicant acknowledged receipt and, on 3 Apr 98, the commander recommended a general discharge without probation and rehabilitation (P&R) for the above cited reasons. The applicant provided a statement for consideration.

On 7 Apr 98, legal review found the case sufficient and recommended a general discharge without P&R. On 10 Apr 98, the discharge authority concurred.

On 13 Apr 98, the applicant was discharged in the grade of airman basic for misconduct with a general characterization of service after 9 months and 18 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.

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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.

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

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APPLICANT’S REVIEW OF EVALUATION: 

The applicant provided a response, claiming he did not receive two separate Article 15s, that the 2 Jan 98 incident did not occur. He believes he should be given a second chance like his wife, who was involved in the 3 Feb 98 incident. 

The applicant’s complete response, with attachment, 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 are not persuaded that his RE code should be changed. Contrary to his rebuttal assertions, the applicant did receive a second Article 15 on 13 Mar 98 for stealing a cassette tape on 2 Jan 98. The first Article 15 reduced him to airman basic and gave him extra duty; the second reprimanded him. In fact, he even acknowledged the 2 Jan 98 and 3 Feb 98 thefts and unsuccessfully requested the commander to reissue a new single Article 15 that included both charges rather than issuing two separate nonjudicial punishments. The applicant wants a “second chance” like his wife; however, it is the merits of his case that we are considering, not his wife’s circumstances. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. After a thorough review of the evidence of record, we believe that, given the circumstances surrounding the applicant’s separation, the RE code issued was in accordance with the appropriate directives. The applicant’s misconduct resulted in his general discharge, which drove the type of RE code he received. Therefore, we find no basis upon which to recommend favorable action on the applicant’s request.

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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 11 and 16 December 2003 under the provisions of AFI 36-2603:

The following documentary evidence regarding AFBCMR Docket Number BC-2003-03039 was considered:

	Exhibit A.  DD Form 149, dated 27 Aug 03, with atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRS, dated 3 Oct 03.
	Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.
	Exhibit E.  Letter, Applicant, undated (received 16 Dec 03), 
						      w/atch.