RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  2004-00719
		INDEX CODE:  110.02
		COUNSEL: 

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His separation and reenlistment (RE) codes be changed to allow him to reenlist into any branch of military service.

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APPLICANT CONTENDS THAT:

The RE code does not properly reflect the entire character of his military service, but is the result of one main incident at the end of his career.  He was expeditiously removed from military service to prevent his appeal of the discharge, and was not provided proper legal guidance during the discharge process.  He was advised that this was not a permanent assignment code, and he would be eligible to reenlist within six months.  He was advised that the discharge and code were not permanent or punitive in nature, and could be reclassified with minimal effort.  He believes he deserves another opportunity to serve.  He has learned and grew from the mistakes he made during his five and one-half years of service.

In support of the application, the applicant submits a letter from counsel.  The applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force in the grade of Airman Basic (E-1) on 24 April 1996.  He was promoted to the grade of Airman First Class on 1 December 1997, and reduced to the grade of Airman on 15 February 1997.  He was then progressively promoted to the grade of Senior Airman with a date of rank of 5 August 1999.  He was reduced to the grade of Airman First Class on 18 Dec 2000.  He received four (4) Enlisted Performance Reports (EPRs).  The following is a resume of his Enlisted Performance Reports (EPRs), commencing with the report closing 23 December 1997.

		PERIOD ENDING	PROMOTION RECOMMENDATION

		23 Dec 1997	3
		 4 Oct 1998	3
		 4 Oct 1999 (SrA)	2
		 9 Apr 2000	3

On 5 February 1997, the applicant wrongly entered the dormitory living quarters of a member of the opposite sex.  For this action, he was punished under Article 15, UCMJ, and was reduced to the grade of airman, was ordered to forfeit $505.00 pay per month for two (2) months (suspended), and was given 30 days of correctional custody.  On 9 June 1997, he received a Letter of Counseling (LOC) for performing a wheel bearing inspection and repack without using a Technical Order (TO).  

On 1 July 1997, he received an LOC for failing to report at the time prescribed to his appointed place of duty.  On 12 August 1997, he received an LOC for requesting the use of a comp day he had not earned.  On 3 September 1997, he received a LOC for failing to report at the time prescribed to his appointed place of duty.  

On 17 August 1998, 9 September 1998, 23 August 1999, 8 September 1999, 17 July 2000, and 4 October 2000, respectively, he received Letters of Counseling for failing to report at the time prescribed to his appointed place of duty.

On 23 October 2000, he received an LOC for the unlawful use of chewing tobacco inside a military facility.  On 18 December 2000, he was punished under Article 15, UCMJ, and reduced to the grade of airman first class for being disrespectful in language towards a superior non-commissioned officer.

On 28 February 2001, the applicant’s commander notified the applicant that he was recommending the applicant be separated from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208 for misconduct involving minor disciplinary infractions.  The applicant acknowledged receipt of notification, and provided a statement in his own behalf.

In a legal review of the discharge case file, the Staff Judge Advocate found the file legally sufficient and recommended that the applicant be separated with an under honorable conditions (general) discharge without the offer of probation and rehabilitation.  

On 9 March 2001 the applicant was issued a general (under honorable conditions) discharge.  The separation code “JKN” and RE code “2B” are directly related to the reason and authority for his separation.  He had served 4 years, 10 months and 23 days.

On 26 June 2003, the Air Force Discharge Review Board reviewed and denied the applicant’s request that his discharge be upgraded.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states the documentation on file in the master personnel records, and the discharge were consistent with the procedural and substantive requirements of the discharge regulation.  The Air Force Discharge Review Board had previously reviewed the evidence of record and had the same conclusions.  The applicant did not submit any evidence or identify any errors or injustice that occurred in the discharge processing, nor did he provide any facts warranting a change to his character of service or reenlistment eligibility code. 

The HQ AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that more than half of the Letters of Counseling occurred over a period of more than four years, and all dealt with reporting late to duty.  He had contacted and informed his chain of command regarding his status, requested guidance, and followed the direction given him by his supervisors.  He was misguided and misinformed on the importance of calling to report his late arrival to his superiors, however recognizes that he was still at fault.  In regards to disrespecting a noncommissioned officer (NCO), he still maintains that the NCO provoked him.  Per the advice of his Anger Management counselor, he asked to be removed from the hostile environment, but was denied.  He accepts full responsibility for not maintaining his composure.  He would like a second chance to prove himself, and asks that he be allowed to demonstrate his commitment and dedication to his country and the armed services again.  (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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting changes to the applicant’s reenlistment code and narrative reason for his separation.  Contrary to his assertion that the decision to affect his separation based on an isolated incident, the record reveals that shortly after his entry into the Air Force, he began to accrue a record of minor disciplinary infractions against the good order and discipline of the service.  Absent evidence by the applicant showing the information in his discharge case file is erroneous, his substantial rights were violated, or his commanders abused their discretionary authority, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, we find no basis to favorably consider the applicant’s request to change the separation and RE codes he received because of his discharge.

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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 29 July 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered in AFBCMR BC-2004-00719:

	Exhibit A.  DD Form 149, dated 17 Nov 2004, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, SAF/DPPRS, dated 25 March 04.
	Exhibit D.  Letter, SAF/MRBR, dated 2 April 04.
	Exhibit E.  Applicant’s Rebuttal, dated 22 April 04.