RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01605
		INDEX CODE:	 100.03, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed to allow re-enlistment.

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APPLICANT CONTENDS THAT:

Her service was wrongly identified and because of this injustice her discharge was upgraded to honorable.  Her service to the Air Force was honorable and therefore should reflect in her RE code.

In support of her request, applicant provided a personal statement, Air Force Discharge Review Board Decision Documentation, and DD Form 214, Certificate of Release or Discharge from Active Duty.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 9 October 1997, for a term of 4 years.  On 11 April 2001, she was notified of her commander’s intent to recommend that she be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, (Minor disciplinary Infractions) with a general discharge.  The reason for this action was that on 3 April 2001, she received an Article 15 for failure to go at the time prescribed to her appointed place of duty; an Article 15 on 2 March 2001, for failure to pay just debts and with the intent to deceive, making a false statement; a Letter of Reprimand (LOR) on 29 March 2001, for failure to go; a LOR on 14 March 2001, for failure to pay just debt; and a LOR on 15 May 2000, for reckless driving.  She was advised of her rights in this matter and acknowledged receipt of the notification on 11 April 2001.  She consulted with counsel and submitted a statement in her own behalf.  In a legal review of the case file, the base legal office found the case legally sufficient to support discharge.  The discharge authority approved the separation and ordered a general discharge without probation and rehabilitation.  She was separated from the Air Force on 13 April 2001, with a general discharge and received an RE code of 2B “Separated with a general or under other than honorable conditions discharge”.  She served 3 years, 6 months and 13 days on active duty.

On 26 October 2001, the applicant submitted an application to the Air Force Discharge Review Board (DRB) requesting her general discharge be upgraded to honorable, a change of reason for separation and a change of RE code.  On 24 February 2003, the applicant and her counsel appeared before the DRB.  The DRB concluded that the positive aspects of the applicant’s duty performance outweighed the negative and that the characterization of the member’s service justified an upgrade to honorable.  The DRB upgraded her discharge to honorable, changed her reason for discharge to secretarial authority, but denied her request for a change of RE code.  (Exhibit B)

The applicant was initially issued RE code 2B “Separated with a general or under the other than honorable conditions discharge.  Since the DRB changed her discharge to honorable, she was issued an RE code of 2C “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” to coincide with her honorable discharge.

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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 error or injustice.  Based on the actions taken by the Discharge Review Board to change her characterization of service to honorable, her post service accomplishments and her desire to serve in the Air Force, the Board believes that her RE code of "2C" should be changed to "3K", which is a waiverable code and will allow her to apply for enlistment.  Whether or not she is successful will depend on the needs of the service and our recommendation in no way guarantees that she will be allowed to return to any branch of service.  Accordingly, we recommend that her records be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 at the time of her discharge on 13 April 2001, she was issued an Reenlistment Eligibility (RE) code of "3K".

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The following members of the Board considered Docket Number BC-2004-01605 in Executive Session on 15 July 2004, under the provisions of AFI 36-2603:

All members voted to correct the record, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 10 May 04 w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, SAF/MRBR, dated 28 May 04.

	

AFBCMR BC-2004-01605

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 her discharge on 13 April 2001, she was issued an Reenlistment Eligibility (RE) code of “3K”.