RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03091
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to one that would enable him to reenlist.

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APPLICANT CONTENDS THAT:

At the time of his discharge he was told that he could reenlist in six months.  He has tried to enlist in the Air National Guard (ANG) but was not able to because of the RE code.

In support of his appeal, the applicant has provided copies of a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, and a DD Form 214, Certificate of Release or Discharge from Active Duty.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant entered active duty on 29 August 1990.  He was discharged four months and six days later, on 4 January 1991, in accordance with Air Force Instruction (AFI) 39-10 (entry-level performance).  His commander notified him on 2 January 1991 that he was being recommended for discharge due to minor disciplinary infractions.  On 17 December 1990, he stole two sets of earrings and a gold locket, valued at $45, from the Base Exchange.  He received an Article 15 with punishment of forfeiture of $150, seven days extra duty and seven days restriction.  His service characterization was listed as uncharacterized as he had served less than 180 days.

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AIR FORCE EVALUATION:

AFPC/DPPRSP recommends denial.  Upon addressing the discharge process, DPPRSP states the applicant did not submit any new evidence or identify any errors or injustices that occurred in his discharge processing.  Additionally, he provided no facts warranting a change in his discharge.  DPPRSP holds that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discharge authorities discretion.

DPPRSP’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 31 October 2003 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 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 an error or injustice.  Applicant’s contentions are duly noted to include his allegation that he was told he could reenlist in six months; however, we are not persuaded that the applicant has been the victim of an error or injustice.  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.  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 AFBCMR Docket Number BC-2003-03091 in Executive Session on 10 December 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Sep 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 16 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.