RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01014
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2B be changed to allow him to enlist in the United States Armed Forces.

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APPLICANT CONTENDS THAT:

He has had ample time to reflect on his past behavior since his separation from military service almost two years ago.  He is now mature enough to meet military guidelines.  He never disrespected his superiors, yet he did not do what was best.  Since his separation from the military, he has reached a level of success in the civilian sector.  He was a student and business manager, but has a deep desire to be a truly productive member in the armed forces.  He serves in several church ministries, and feels he could be successful in the armed forces.  He would like his RE code changed so that he can be eligible to join the United States Army.

In support of the application, the applicant submits personal statements and documents related to his civilian employment.  The applicant's complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

On 13 October 1999, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four (4) years.  He was promoted to airman first class effective and with a date of rank of 10 March 2000.

On 10 July 2001, the applicant received a letter of counseling for failure to perform physical training as ordered.  On 24 September 2001, he received a letter of reprimand for failing to show up on time to guardmount.  On 30 October 2001, he received a letter of reprimand for maintaining his dorm room in an unsatisfactory condition and for failing to meet with his superiors.  On 13 December 2001, the applicant received a letter of reprimand for making an unsatisfactory on a dormitory inspection.  
On 21 June 2002, he received an Article 15 for violation of the UCMJ, dereliction of duty in that he negligently failed to maintain good housekeeping in his dormitory room.  He was reduced to the grade of airman (suspended until 20 December 2002) and given 30 days extra duty.

On 23 July 2002, the applicant’s suspended reduction to the grade of airman was vacated.  This action was taken due to his dereliction of duty to maintain good housekeeping in his dormitory room.

On 12 August 2002, 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 - Minor Disciplinary Infractions.  The applicant acknowledged receipt of the notification and, after consulting military legal counsel, waived his right to submit statements in his own behalf.  The commander thereafter initiated a recommendation for the applicant’s separation.  

In a legal review of the discharge case file dated 16 August 2002, the Staff Judge Advocate found the file was legally sufficient and recommended that the applicant be separated from the service with an under honorable conditions (general) discharge.  On 20 August 2002, the discharge authority approved the recommended separation and directed the applicant be discharged for the reasons recommended by his commander, without the offer of probation and rehabilitation.

On 24 August 2002, the applicant was discharged under honorable conditions (general).  He had served 2 years, 10 months, and 12 days on active duty.  An RE 2B (separated with a general or under other than honorable conditions) code was assigned.

On 22 October 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 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, and the discharge was within the discretion of the discharge authority.  DPPRS notes the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, nor did he provide any facts warranting a change to his reenlistment eligibility code or character of service.  HQ AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant was provided a copy of the advisory opinion on 23 March 2004 (Exhibit D).  As of this date, no response has been received. 

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  After reviewing the applicant’s submission, we believe he has provided sufficient evidence to lead us to believe he has made a successful adjustment to civilian life.  In view of this fact and in consideration of the applicant’s age and apparent immaturity at the time of his enlistment, and the relatively minor infractions he committed, it is our opinion that 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.  That determination would be made based on the needs of the service to which he applies.  Accordingly, we believe the applicant’s records should be corrected to the extent indicated below.

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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 on the time of his discharge on 24 August 2002, his Reenlistment Eligibility (RE) code was 3K.

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The following members of the Board considered this application in Executive Session on 28 October 2004, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered in AFBMCR Docket Number BC-2004-01014:

     Exhibit A.  DD Form 149, dated 26 Mar 04, with attachments.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 13 Apr 04.
     Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.

                                   

AFBCMR BC-2004-01014

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 24 August 2002, his Reenlistment Eligibility (RE) code was 3K.