RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER: BC-2004-01104
							INDEX CODE 100.00
	 						COUNSEL:  None

							HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) code be changed to one that allows enlistment.

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THE APPLICANT CONTENDS THAT:

Since her discharge, she has paid off the debts accrued by her former husband and built a new future for herself.  Now that she has put her life on a steady course, she would like the honor of wearing the uniform and serving her country again.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 20 Feb 02, the applicant enlisted in the Regular Air Force for four years and was assigned to Lackland AFB, TX, for basic military training (BMT). 

She received a Letter of Reprimand (LOR), dated 8 Jun 02, for failing to show for her assigned non-credit detail on 8 Jun 02, and for violating the phase program on at least two occasions. The applicant indicated her alarm clock failed to work because of a power outage.

A Memo for the Record (MFR), dated 11 Jun 02, reported the applicant failed to show for accountability at 2100 on 4 Jun 02 and was still missing for the 0600 accountability on 5 Jun 02. The MFR noted the commander had denied the applicant permission to take leave to drive her husband to the Oklahoma (OK) area. On 5 Jun 02, at 2000, the applicant returned to the squadron area.

On 24 Jun 02, the commander imposed Article 15 punishment on the applicant in the form of forfeiture of $257.00 in pay for being absent without leave (AWOL) from 4-5 Jun 02 and disobeying the commander’s order not to take leave and go to the OK area. The applicant made a personal appearance and submitted a statement, but did not appeal the punishment.

She received another LOR, dated 9 Jul 02, for wearing civilian clothes while in Phase One training and making a disrespectful gesture to a technical sergeant. The applicant did not provide a written response.

On 12 Jul 02, the applicant was disenrolled from technical training for misconduct. Discharge was recommended.

On 23 Jul 02, she was notified of her commander’s intent to recommend an entry-level separation (ELS) from the Air Force.  The LORs and Article 15 were cited.  On the same date, the commander recommended an ELS for the reasons cited in the notification letter.  The applicant waived her right to consult counsel and submit statements.

On 26 Jul 02, legal review found the case sufficient to support separation and the discharge authority approved the ELS.

The applicant was separated in the grade of airman basic with an ELS (Performance & Conduct) on 2 Aug 02 after 5 months and 13 days of active service.  She received an RE code of “2C” (Involuntarily separated with an honorable discharge or ELS without characterization of service).  

When separated in the first 180 days of continuous active service, an airman is given an uncharacterized ELS.

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AIR FORCE EVALUATION: 

HQ AFPC/DPPRSP believes the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discharge authority’s discretion. The applicant has not substantiated any errors or injustices and her appeal should be denied.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 23 Apr 04 for review and comment within 30 days.  As of this date, this office has received no response.

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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.  The applicant’s contentions are duly noted; however, we are not persuaded her RE code should be changed. She alleges her former husband was the primary cause of her problems and that she has subsequently paid of the debts he accrued. However, other than her own assertions, she provides no evidence supporting either of these claims. Her commander specifically ordered her not to take leave to drive her former spouse to the OK area, but she did so anyway. In addition to this AWOL incident, the applicant had other minor infractions. 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.

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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 18 May 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2004-01104 was considered:

	Exhibit A.  DD Form 149, dated 28 Mar 04, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, HQ AFPC/DPPRS, dated 16 Apr 04.
	Exhibit D.  Letter, SAFMRBR, dated 23 Apr 04.