RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02553
		INDEX NUMBER:  100.06, 110.00
	
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of “2” be changed; his character of service changed to honorable; and grade be changed to sergeant.  

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was separated as a sergeant rather than an airman first class.  His character of service should be honorable; however it was left blank on his DD Form 214.  He never had any problems with his record to justify receiving a RE code of “2”.

In support of his application, the applicant provides a letter from 416 CSG/DPE/DPMMC, a copy of DD Form 256AF, Honorable Discharge Certificate, DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, a letter from the XXXXXXX County Veterans Service Department, and AF Form 100, Request and Authorization for Separation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 3 December 1968, in the grade of airman basic (E-1), for a period of four years. 

On 10 March 1972, the applicant received an Article 15 for being derelict in the performance of his duties. His punishment consisted of a suspended reduction to airman first class until   9 June 1972 and a forfeiture of $15.00 pay per month for two months. On 27 April 1972, the suspended reduction was vacated based on his failure to go at the time prescribed to his appointed place of duty on or about 24 April 1972.  

On 5 May 1972, the applicant was separated with an honorable discharge in the grade of airman first class and issued a RE-2 code (ineligible for reenlistment). He served 3 years, 5 months and 2 days of total active military service. Although the applicant received an Honorable Discharge Certificate, his DD Form 214 did not reflect his character of service nor the type of discharge certificate issued.  

On 1 October 2007, AFPC/DPSOY issued the applicant a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, correcting his DD Form 214 to reflect character of service honorable.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOE recommends denial to change the applicant’s rank to sergeant on his DD Form 214 as he did not hold that rank at the time of his discharge for the service. 

AFPC/DPSOE’s complete evaluation is attached at Exhibit C.

AFPC/DPSOA recommends denial and states the applicant did not provide any proof the RE code is in error; therefore it is DPSOA’s position the RE code is correct as it stands. 

AFPC/DPSOA’s completion evaluation, with attachments, at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s Veterans’ Service Officer states the applicant would be very grateful if the Board would issue a DD Form 215 showing that his character of service at the time of discharge was honorable.

Applicant’s complete response is at Exhibit F.

_________________________________________________________________

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.  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 assigned code reflects the Air Force’s position regarding whether or not, or under what circumstances, the individual should be allowed to reenlist.  After careful consideration of the evidence provided, we are not persuaded that the assigned RE code is in error or unjust or that an upgrade of the RE code is warranted. In respect to his request for change of his grade to sergeant, we note that the applicant received an Article 15 and a suspended reduction to airman first class; however, this suspended reduction was vacated because of the applicant’s subsequent misconduct. Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice, and in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4. Additionally, we note that the applicant’s DD Form 214 was administratively corrected by AFPC/DPSOY to reflect that he was honorably discharged.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2007-02553 in Executive Session on 28 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-02553:

	Exhibit A.	DD Form 149, dated 1 Mar 07, w/atch.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, AFPC/DPSOE, dated 14 Sep 07.
	Exhibit D. Letter, AFPC/DPSOA, dated 27 Sep 07.
	Exhibit E. Letter, SAF/MRBR, dated 12 Oct 07
	Exhibit F. Applicant’s Response, 16 Oct 07.