RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02498
		INDEX CODE:  100.00, 110.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

1.  His general (under honorable conditions) discharge be upgraded to honorable.

2.  His reenlistment eligibility (RE) code be changed to allow him reentry into the military. 

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APPLICANT CONTENDS THAT:

It has been eight years since he left the Air Force.  He has matured and has grown up.  He obtained a Nursing degree and would like the opportunity to use his degree as an officer.

In support of his request, applicant provided two letters of character reference.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 28 Oct 98, in the grade of airman basic, for a period of six years.  

On 29 Jun 99, the squadron commander notified the applicant that he was recommending he be discharged from the Air Force for misconduct.  The reasons for the proposed discharge were:  (1) a Letter of Reprimand (LOR) on 12 Apr 99, for misrepresented statements to several physicians, noncommissioned officers, and a commissioned officer; (2) a LOR on 4 Feb 99, for disobeying a direct order; (3) an AETC Form 341, Excellence/Discrepancy Report, for being late to formation; (4) a Memo for Record on   22 Apr 99, for his attitude towards student leaders; (5) a LOR on 30 Apr 99, for interfering with student leaders and being disrespectful (repeat violation); (6) a Letter of Counseling on 30 Apr 99, for disrespect and failing to give an AETC Form 341 when told to; and (7) an Article 15 on 24 May 99, for using, displaying, and possessing a portable telephone and willfully impersonating a noncommissioned officer.

Applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel, submitted a statement in his own behalf.  The base legal office found the case file legally sufficient and on 19 Jul 99, the discharge authority approved the separation and directed a general discharge without probation and rehabilitation.

Applicant was discharged on 22 Sep 99, in the grade of airman basic, under the provisions of AFI 36-3208, by reason of misconduct, and received a general (under honorable conditions) discharge.  He was issued an RE code of 2B (separated with a general discharge).  He served on active duty for a period of 8 months, and 25 days.

On 25 May 00, applicant appeared before the Air Force Discharge Review Board (AFDRB) requesting that his discharge be upgraded to honorable and his RE code be changed to allow his return to military service.  The Board found that neither the evidence of record nor that provided by the applicant substantiated an inequity or impropriety that would justify a change of discharge or an upgrade of his RE code.  The Board further concluded that no legal or equitable basis exists for an upgrade of his discharge or a change to the RE code.  A copy of the AFDRB Hearing Record is attached at Exhibit B.

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AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS states based on the documentation on 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.  He provided no evidence of an error or injustice that occurred during his discharge processing and he provided no facts warranting a change to his discharge.

The complete DPSOS evaluation is at Exhibit C.

AFPC/DPSOA recommends denial.  DPSOA found no evidence of error or injustice, nor did the applicant submit evidence of an error or injustice.  The RE code for such a characterization as directed by the commander is 2B.  Additionally, if he is seeking enlistment with another branch of service, the enlisting component may waive the Air Force RE code.

The complete DPSOA evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 Feb 08, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.

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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 an error or injustice.  After careful consideration of the available evidence, the discharge appears to be in compliance with the governing regulations in effect at the time and we find no evidence to indicate that the applicant’s separation from the Air Force was inappropriate.  At the time a member is separated from the Air Force, they are furnished an RE Code predicated upon the quality of their service and the circumstances of their separation.  The RE code which was issued at the time of applicant’s separation accurately reflects the circumstances of his separation and we do not find this code to be in error or unjust.  We note that an RE code of 2B, while barring him from reenlistment with the Air Force, may be waived by another branch of military service.  Therefore, in view of the above findings and 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-2007-02498 in Executive Session on 29 April 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-02498 was considered:

    Exhibit A.  DD Form 149, dated 20 Dec 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOS, dated 15 Feb 08.
    Exhibit D.  Letter, AFPC/DPSOA, dated 19 Feb 08.
    Exhibit E.  Letter, SAF/MRBR, dated 29 Feb 08.