RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-02519
		INDEX NUMBER: 112.10

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of “2C” be changed to a waiverable code so that he may join the Coast Guard (CG).

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THE APPLICANT CONTENDS THAT:

In view of his accomplishments since his discharge, his RE code should be changed based on clemency.

In support of the appeal, applicant submits a Police Basic Training completion certificate from Kirtland Community College, his college transcript, a Michigan State Police Student Performance Record, and a Certificate of Training for completion of PPCT Defensive Tactics System Basic Certification.

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

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 19 July 1995.  On 25 August 1995, the commander notified him that he was being recommended for discharge for entry-level performance and conduct.  The bases for the proposed action were applicant’s failure to adapt to the military environment, failure to make satisfactory progress in a required training program, reluctance to make the effort necessary to meet Air Force standards of conduct and duty performance, lack of self-discipline, and two Letters of Reprimand (LORs) for minor disciplinary infractions.  He received an uncharacterized entry level separation from the Air Force, under the provisions of AFI 36-3208 (Entry Level Performance and Conduct), and was issued an RE code of 2C (involuntarily separated with an entry level separation without characterization of service) and a separation code of JGA (Entry Level).  He completed 1 month and 13 days of active service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and states, in part, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the sound discretion of the discharge authority and applicant has not submitted any new evidence or identified any errors or injustices that occurred in the discharge processing.  Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  Applicant’s uncharacterized character of service is correct.

The AFPC/DPPRS evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 27 August 2004 for review and response within 30 days.  However, 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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant upgrading the applicant’s RE code.  In this respect, a majority of the Board notes that applicant’s discharge appears to be in compliance with the governing Air Force Instruction in effect at the time of his separation and that he was afforded all the rights to which entitled.  Furthermore, he provides no evidence his separation was inappropriate or the assigned RE code reflecting his involuntary separation was in error or unjust.  There being insufficient evidence to the contrary, a majority of the Board finds no compelling basis to recommend granting the relief sought.

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RECOMMENDATION OF THE BOARD:

The majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied.

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The following members of the Board considered Docket Number BC-2004-02519 in Executive Session on 19 October 2004, under the provisions of AFI 36-2603:

By majority vote, the Board recommended denial of the application.  voted to correct the records and has submitted a minority report which is attached at Exhibit E.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Aug 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 25 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Aug 04.
    Exhibit E.  Minority Report, dated           .

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR 
		 CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXX, XXXXXXX, DOCKET NO: BC-2004-02519

	After considering the applicant’s overall quality of service, the events which precipitated the discharge, and the evidence related to his post-service activities and accomplishments, my fellow Board members do not believe applicant’s Reenlistment Eligibility (RE) code should be upgraded based on clemency.  I disagree.

	Applicant has provided documentation relating to his post-service activities that indicates he has completed the requirement of Police Basic Training at the Kirtland Regional Police Academy, attended community college, and completed basic recruit training with the Michigan State police.  Based on a totality of the evidence presented, it is apparent the applicant has matured greatly in the nine years following his discharge from the Air Force and has turned his life around.  Clearly, this is the type of case Congress intended in its mandate to the Board to consider other factors; e.g., applicant’s background, the overall quality of service, and post-service activities and accomplishments.  I recognize the adverse impact of the assigned RE Code; and, while it may have been appropriate at the time to identify his involuntary separation, I believe he should be afforded a second chance to serve.  Therefore, I recommend that his RE code be changed to 3K based on clemency.  RE code 3K is a code that can be waived for prior service enlistment consideration, provided applicant meets all other requirements for enlistment under an existing prior service program.  Whether or not he is successful will depend on the needs of the service and in no way guarantees that he will be allowed to return to any branch of the service.

MEMORANDUM FOR	THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
			CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  XXXXXXX, Docket No:  BC-2004-02519

	I have carefully considered all the aspects of this case and do not agree with the recommendation of the majority of the panel that applicant’s request for upgrade of his Reenlistment Eligibility (RE) code should be denied.
After careful consideration of all the facts and circumstances of the applicant’s case and in view of the documentation relating to his post-service activities, I am persuaded that he has overcome the behavioral traits that led to the contested discharge.  Certainly I do not condone the behavior that led to his discharge.  Nonetheless, I recognize the adverse impact of the assigned RE code and, while it may have been appropriate at the time, in view of his desire to enter the Coast Guard, I believe it would be an injustice for him to continue to suffer its effects.  Accordingly, I find that relief is warranted and that his RE code should be changed to 3K on the basis of clemency.

AFBCMR BC-2004-02519

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 XXXXXXX, XXXXXXX, be corrected to show that at the time of his entry level separation on 31 August 1995, he was issued a reenlistment eligibility (RE) code of  “3K”.

							
AFBCMR

Dear XXXX

	Your application to the Air Force Board for Correction of Military Records, AFBCMR Docket Number BC-2004-02519, has been finalized.

	By a majority vote, the Board recommended that your application be denied as set forth in the attached Record of Proceedings.  However, after a careful review and consideration of all factors involved, the Director, Air Force Review Boards Agency accepted the recommendation of the minority member and determined the military records should be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff, United States Air Force.  The office responsible for making the correction(s) will inform you when your records have been changed.

	After correction, the records will be reviewed to determine if you are entitled to any monetary benefits as a result of the correction of records.  This determination is made by the Defense Finance and Accounting Service (DFAS-DE), Denver, Colorado, and involves the assembly and careful checking of finance records.  It may also be necessary for the DFAS-DE to communicate directly with you to obtain additional information to ensure the proper settlement of your claim.   Because of the number and complexity of claims workload, you should expect some delay.  We assure you, however, that every effort will be made to conclude this matter at the earliest practical date.

Attachments:
1.  Cy of Directive, w/Cy of Proceedings
2.  SAF/MRB Letter

cc:  DFAS-DE