RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  2004-00569
		INDEX CODE: 110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from 2B to 3K or some other waiverable code.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He received an Article 15, and requested his discharge from the Air Force.  He was told if he accepted the Article 15, he would receive a general discharge.  While working with a recruiter, he discovered that the RE code 2B does not allow him to enlist in any branch of military service.  He has matured during the six-plus years since his discharge.  His ignorance and immaturity at the time should not prevent him from serving his country.

In support of the application, the applicant submits his separation document (DD 214), Individual Quality Control Records, Selective Reenlistment Recommendation, Air Force Good Conduct Medal Certificate, and three (3) Letters of Recommendation and Character References.

The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18 June 1993 at the age of 18 in the grade of airman basic for a period of four years.  He was progressively promoted to the grade of senior airman with a date of rank of 18 June 1996.  He received three Enlisted Performance Reports (EPRs) closing 28 June 1995, 28 June 1996, and 28 June 1997, in which the overall ratings were “4.”

On 2 July 1996 the applicant received a Letter of Reprimand (LOR) because he failed to attend a mandatory formation (Commander’s Call).  On 9 July 1996, the applicant received an LOR because he was derelict in the performance of his official duties by failing to turn in off base receipts in a timely manner.  On 28 July 1996 the applicant received an LOR because he failed to attend a mandatory Cycle Ergometry Testing appointment.  On 2 September 1997, the applicant’s commander imposed nonjudicial punishment against him under Article 15, UCMJ, for disrespecting his superior commissioned officer by failing to give a proper salute, and contemptuously turning from and leaving him before he properly returned his salute during an awards ceremony in the presence of his peers.  The applicant was reduced to the grade of airman first class on 10 September 1997, and a suspended reduction to the grade of airman until 10 March 1998.

On 30 September 1997, the applicant’s commander notified him that he was recommending he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208 for Pattern of Misconduct Prejudicial to Good Order and Discipline.  The applicant was advised of his rights.  The applicant acknowledged receipt of notification and waived his rights to consult counsel and submit statements in his own behalf.  The discharge case file was reviewed by the Wing Staff Judge Advocate, and was found legally sufficient.  The discharge authority approved the recommended separation on 14 October 1997, and directed that the applicant be separated with a general discharge without the offer of probation and rehabilitation.

On 25 October 1997 the applicant was discharged under honorable conditions under the provisions of AFI 36-3208 (Misconduct).  He served four years, four months, and seven days on active duty.  An RE 2B (Separated with other than an honorable discharge) code was assigned.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial of the applicant’s request.  DPPRS stated that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  They also note that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to the character of service or a change to his reenlistment eligibility code.  The DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he joined the Air Force in June 1993 and was dedicated to doing his best.  He was the honor graduate of his basic training class, excelled at all of his on-the-job training requirements, received high scores for his quality control evaluations, and was recognized as “best of the best” during some field exercises.

After he received the Article 15 and reduction in rank, he requested his discharge from the Air Force.  The request was made in haste and ignorance.  He received letters from his flight sergeant praising his ability to perform his duties.  He has done well since leaving the Air Force, and has grown in age, wisdom, and patriotism over the past six years.  He would appreciate the opportunity to serve his country and be the soldier he was meant to be.  

The applicant’s complete response is at Exhibit E.
_________________________________________________________________

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 an injustice.  After reviewing the applicant’s submission, the majority of the Board is of the opinion that the applicant has provided sufficient evidence to lead them to conclude that in the years following his separation, he has made a successful adjustment to civilian life as evidenced by the character references submitted in support of his application.  In view of this fact and in consideration of the applicant’s age and apparent immaturity at the time of his enlistment, the majority believes he should be given the opportunity to apply for enlistment by changing his RE code to “3K,” a waiverable code.  An RE “3” series code will permit him to apply for enlistment and, should he have desirable skills and be otherwise medically qualified, the United States Air Force may elect to waive his ineligibility and allow him to enlist.  The applicant should understand that this RE code change in no way obligates the Air Force or any other service branch to accept him for enlistment.  Therefore the majority recommends his records be corrected to the extent indicated below.
_________________________________________________________________

THE BOARD CONCLUDES THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on the time of his discharge on 25 October 1997, he was issued a Reenlistment Eligibility (RE) code of “3K” rather than “2B.”
_________________________________________________________________

The following members of the Board considered this application in Executive Session on 23 June 2004, under the provisions of AFI 36-2603:

	
By a majority vote, the Board voted to correct the records as recommended.  Ms. XXXXXX voted to deny the applicant’s request and elected not to submit a minority report.  The following documentary evidence was considered in AFBCMR Docket Number BC-2004-00569:

	Exhibit A.  DD Form 149, dated 2 Feb 04, with attachments.
	Exhibit B.  Applicant’s Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRS, dated 16 Mar 04.
	Exhibit D.  Letter, SAF/MRBC, dated 19 Mar 04.
	Exhibit E.  Letter, Applicant, undated.

AFBCMR BC-2004-00569

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 discharge on 25 October 1997, he was issued a Reenlistment Eligibility (RE) code of “3K” rather than “2C.”