RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-01860
		INDEX CODE:  110.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  YES
					
MANDATORY CASE COMPLETION DATE: Dec 15, 2008

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APPLICANT REQUESTS THAT:

His reenlistment code of “2C” (involuntarily separated under AFR 39-10 with an honorable discharge; or entry-level separation without characterization of service) be changed or removed.

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APPLICANT CONTENDS THAT:

His request is based on a desire for reenlistment.

Many of his incidents were based on immaturity.

The “body” of his work, both professional and academic, indicates a better reflection of who he is.

In support of his request, the applicant provided certificates, letters of commendation, and copies of his college diplomas. 

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

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STATEMENT OF FACTS:

The applicant entered into the active duty Air Force on 9 Mar 81.  He served for a period of 3 years, 1 month and 29 days.

On 11 May 82, the applicant received a Letter of Admonishment for a traffic incident (driving 55 miles per hour in a 45 miles per hour zone on base).

On 17 Jan 83, the applicant received a Record of Individual Counseling for writing a bad check.

On 5 Apr 83, the applicant received a Letter of Reprimand for traffic violations (stopped at a red light and then proceeded while light was still red, illegal start from stop position, improper right turn/no signal, and disobeying a stop sign/rolled through).

On 26 Sep 83, the applicant received an Article 15 for a traffic incident (driving with revoked driver’s license and driving a government pickup truck in a wanton manner).  His punishment consisted of a suspended reduction in grade, suspended forfeiture of pay, and 14 consecutive days of extra duty.

On 3 Feb 84, the applicant received a Letter of Counseling for offensive language.

On 23 Mar 84, the applicant received a Record of Individual Counseling for breaking the windshield of a government vehicle.

On 2 Apr 84, the applicant’s commander notified him of pending discharge actions.

On 6 Apr 84, the applicant submitted written statements in his own behalf.

On 12 Apr 84, the assistant staff judge advocate found the discharge legally sufficient and recommended the applicant receive an honorable discharge without probation and rehabilitation; however, the staff judge advocate recommended six months of probation and rehabilitation with a general discharge if further misconduct occurred.

On 19 Apr 84, the convening authority directed the applicant be discharged with an honorable discharge.

On 7 May 84, the applicant was discharged with an honorable discharge.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial of the request.  DPPAE states they found no evidence of error or injustice and that the applicant did not submit evidence of any.  

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 10 Aug 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  Even though the applicant has provided no evidence to show that his discharge was improper or not in compliance with the appropriate regulations, it is our opinion that relief is warranted in this particular case.  In this regard, over 20 years have passed since his discharge and it appears that he has led a stable and productive life.  Statements provided in the applicant’s behalf provide credible evidence that leads the Board to believe he has made considerable improvement in his conduct and has matured since his discharge.  In view of this, and in order to provide the applicant the opportunity to apply for reentry in the military, the Board believes, in the interest of equity and justice, his RE code and separation code should be changed to waiverable codes.   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.  Therefore, the Board recommends 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 the reason for his separation should be changed to Secretarial Authority and his RE code of 2C should be changed to 3K, a code that can be waived for prior service enlistment consideration.

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The following members of the Board considered Docket Number BC-2007-01860 in Executive Session on 13 September 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered for Docket Number BC-2007-01860:

    Exhibit A.  DD Form 149, w/atchs, dated 5 Jun 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAE, w/atch, dated 9 Jul 07.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Aug 07.