RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00151
		INDEX CODE:  110.02

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code of 2B [separated with a general or under-other-than-honorable-conditions (UOTHC) discharge] be changed to a RE code of 1A which will enable her to reenter the Air Force.

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APPLICANT CONTENDS THAT:

She was told that she would be able to return to the military, if she so desired.  She tried to enlist into the Air National Guard (ANG) and was advised her RE code was the only thing stopping her from enlisting.

She has now resolved the circumstances surrounding her discharge from the military.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Aug 97 for a period of four years in the grade of airman basic.  Prior to the events under review, applicant was promoted to the grade of airman first class with an effective date and date of rank of 1 Dec 98.
She received one enlisted performance report with an overall promotion recommendation of 3.

On 27 Oct 99, applicant received an Article 15 for, between on or about (o/a) 1 Oct 98 and o/a 2 Sep 99, violating a lawful general regulation by wrongfully failing to pay her American Express Government Travel Card bill upon receipt of her monthly statement.  The Article 15 punishment imposed on the applicant consisted of reduction to the grade of airman.

On 30 Nov 99, the squadron commander recommended discharge action against the applicant for Misconduct, Minor Disciplinary Infractions.  The specific reasons for the proposed action were based on the incidents listed above.  On 2 Dec 99, the discharge authority approved a general discharge, without probation and rehabilitation.

On 26 Dec 99, the applicant was discharged under the provisions of AFI 36-3208 by reason of misconduct, with service characterized as general (under honorable conditions), and was issued RE code 2B.  She served 2 years, 3 months, and 25 days on active duty.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial.  Based on the limited documentation in the applicant’s file, they found it difficult to determine if all procedural and substantive requirements of the discharge regulation were met.  Additionally, the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing nor did she provide any facts warranting an upgrade of her discharge.

The complete Air Force 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 20 Feb 04 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The RE code of 2B accurately reflects the applicant’s involuntary separation with a general (under honorable conditions) discharge.  The applicant’s failures to pay her Government Travel card led to her reduction in grade and subsequent discharge.  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.  Nevertheless, in reviewing the applicant’s overall record, it appears that, except for the misconduct which led to her discharge, she had been a good airman.  In addition, the evidence indicates that this was a one-time incident.  Therefore, we believe she should be afforded another opportunity to serve and therefore recommend her RE code of 2B be changed to 3K.  RE code 3K is a code that can be waived for prior service enlistment consideration, provided she meets all other requirements for enlistment under an existing prior service program, and based on the needs of the service.  We therefore recommend applicant’s records be corrected as indicated below.  We considered her request for an RE code of “1A”; however based on the circumstances surrounding her separation, we do not believe that a further upgrade of her RE code is warranted.

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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 the Reenlistment Eligibility (RE) code, issued in conjunction with her general (under honorable conditions) discharge on 26 December 1999, was “3K.”

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The following members of the Board considered AFBCMR Docket Number BC-2004-00151 in Executive Session on 29 April 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 12 Jan 04.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 Feb 04.
     Exhibit D.  Letter, SAF/MRBR, dated 20 Feb 04.

                                   Panel Chair

AFBCMR BC-2004-00151

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 XXXXXXX, XXXXXXX, be corrected to show that the Reenlistment Eligibility (RE) code, issued in conjunction with her general (under honorable conditions) discharge on 26 December 1999, was “3K.”

		Director
		Air Force Review Boards Agency