RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01601
		INDEX CODE:  110.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE: Nov 24, 2008

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2B be changed to a code which will allow him re-entry into the military.

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APPLICANT CONTENDS THAT:

He wants to reenlist and serve his country.

His RE code is preventing him from enlisting in the Army or Marine Corps.

In support of his request, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

The applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant entered the active duty Air Force on 2 Jul 87 and was progressively promoted to the grade of E-4 (senior airman).  

On 18 Jan 90, the applicant received an Article 15, Non-judicial Punishment, for failing to obey a lawful order by breaking an imposed curfew.

On 17, 27, and 28 May 90, the applicant wrote three worthless checks and received written counseling on 29 Jun 90.

On 27 Jul 90, the applicant was given final notice to improve his substandard behavior and meet Air Force standards.

On 2 Aug 90, the applicant received written counseling for financial delinquency.

On 13 Nov 90, the applicant received a Letter of Reprimand (LOR) for failing to report for urinalysis testing.

On 22 Nov 90, the applicant received an LOR, Unfavorable Information File (UIF), and placement on a Control Roster for dereliction of duty.

On 19 Dec 90, the applicant’s commander notified him of pending discharge actions based on minor disciplinary infractions.  

On 31 Dec 90, the applicant provided a statement in his own behalf, accepting responsibility for his actions, and requested leniency on the type of discharge he would receive.

On 17 Jan 91, the deputy judge advocate found the applicant’s case legally sufficient for discharge.

On 25 Jan 91, the discharge authority deemed probation and rehabilitation was inappropriate and directed that the applicant be discharged with a general (under honorable conditions) discharge.

On 12 Feb 91, the applicant was discharged with a general (under honorable conditions) discharge with a total of 3 years,          7 months, and 11 days active service.

RE Code 2B – Separated with a general or under other than honorable conditions discharge. 

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE found no evidence of error or injustice, nor did the applicant submit any evidence of any.  The RE code for such a separation was 2B.

The AFPC/DPPAE complete evaluation, with attachments is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13 Jul 07 for review and comment within 30 days.  As of this date, this office has not received a 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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 Docket Number BC-2007-01601 in Executive Session on 21 August 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 May 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAE, w/atchs dated 14 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.