RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01870
		INDEX CODE:	 100.03, 100.06
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to allow enlistment in the Reserves.

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APPLICANT CONTENDS THAT:

The Air Force members questioned prior to his discharge had impaired judgment from drinking alcohol and lack of sleep.  His friend pressured him to use his key while they were intoxicated.

In support of his request, applicant provided a personal statement, a copy of documents pertaining to his work history and a copy of his Bachelor of Science Degree.

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 16 December 1983, for a term of 4 years.  On 20 December 1985, he was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFR 39-10, Administrative Separation of Airmen, (Misconduct-other serious offenses) with a general discharge.  The reason for this action was that on 31 October 1985, he unlawfully entered a female airman’s barracks room for which he received an Article 15.  He consulted with counsel and submitted a statement in his 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.  He was separated from the Air Force on 27 December 1985, with a general discharge and received an RE code of 2B “Separated with a general or under other than honorable conditions discharge”.  He served 2 years and 12 days on active duty.

On 13 April 1986, the applicant submitted an application to the Air Force Discharge Review Board (DRB) requesting his general discharge be upgraded to honorable.  On 20 May 1987, the DRB concluded that the applicant’s service was more accurately reflected by an honorable discharge.  The DRB upgraded his discharge to honorable, but on 21 May 1987, the Secretary of the Air Force, based on a recommendation from the Air Force Personnel Board denied his 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 his discharge to honorable, he was issued an RE code of 2C “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” to coincide with his honorable discharge.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  Applicant did not submit any evidence or identity any errors or injustices that occurred in the discharge processing.  His separation was involuntary and he provided no facts warranting a change to his RE code.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he was punished for his poor judgment, has learned from the incident.  His post service accomplishments include completion of a Bachelor of Science in Electrical Engineering in 1991.  He also manages rental properties and a small business. If given the opportunity to serve again, will honor the privilege and conduct himself in a professional manner at all times.

His complete submission is 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 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 error or injustice.  Based on the actions taken by the Discharge Review Board to change his characterization of service to honorable, his post service accomplishments and his desire to serve in the Armed Forces, the Board believes that his RE code of "2C" should be changed to "3K", which is a waiverable code and will allow him to apply for enlistment.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of service.  Accordingly, we recommend that his records 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 at the time of his discharge on 27 December 1985, he was issued an Reenlistment Eligibility (RE) code of "3K".

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The following members of the Board considered Docket Number BC-2004-01870 in Executive Session on 10 August 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 20 May 04 w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, SAF/DPPRS, dated 25 Jun 04.
	Exhibit D.	Letter, SAF/MRBR, dated 1 Jul 04.
	Exhibit E.	Letter, Applicant, dated 26 Jul 04.

AFBCMR BC-2004-01870

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 27 December 1985, he was issued an Reenlistment Eligibility (RE) code of “3K”.