RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-02717
							INDEX CODE:  110.00
							COUNSEL: NONE
							HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code “2C” (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to allow him to reenter military service.

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APPLICANT CONTENDS THAT:

The Air Force Discharge Review Board (AFDRB) upgraded his service characterization to honorable, but it was not reflected on his RE code, which he needs changed to enter the Air National Guard (ANG).

In support of his appeal, applicant submitted a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, character reference statements, and documentation extracted from his military records.

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 29 Apr 02 for a period of six years as an airman basic.

The applicant was separated from the Air Force on 7 Dec 06 under the provisions of AFI 36-3208, Administrative Separation of Airmen (misconduct), with a general discharge and a RE code of “2B” which denotes separated with a general or under other than honorable conditions (UOTHC) discharge.  He served five years, seven months and nine days on active duty.

The applicant appealed to the AFDRB requesting his general discharge be upgraded to honorable.  On 12 Jun 07, the AFDRB approved his request and directed his discharge be upgraded to honorable.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends the requested relief be denied.  DPSOA states the AFDRB directed the applicant’s character of service be upgraded to honorable.  As such, his RE code was changed to 2C –- “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service.” 

The complete AFPC/DPSOA evaluation is at Exhibit C.

AFPC/DPSOS recommends the applicant’s request be denied.  DPSOS states the applicant has not submitted any evidence or identified any errors or injustices that occurred in the processing of his discharge.  Based upon the documentation in the applicant's file, DPSOS believes his discharge was consistent with the procedural and substantive requirements of the discharge regulation and the discharge was within the sound discretion of the discharge authority.  The applicant has not provided any facts to warrant a change to his discharge or RE code.

The complete AFPC/DPSOS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he wishes to serve in the ANG and is requesting help to attain his goals (Exhibit F).

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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 timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting approval of the applicant's request to change his RE code to a code which would enable him to reenter military service.  In cases of this nature, it is standard procedure for this Board to change the RE code to 3K, which would allow the applicant to apply for a waiver for reenlistment.  However, in this particular case, we believe the appropriate corrective action would be to change his RE code to a "1" series code affording him the opportunity for immediate reenlistment.  In this respect, we took note and agree with the determination of the AFDRB that the overall quality of his service more accurately warranted honorable characterization rather than the general discharge he received.  Our review of the evidence of record has led us to question the appropriateness of some of the administrative actions used as the basis for his discharge and further to believe that reasonable doubt has been established as to whether the decision to discharge him from the Air Force was based on factors other than the disciplinary infractions, which in our opinion were relatively minor at best.  Accordingly, it is our opinion that the benefit of any doubt in this matter should be resolved in his favor.  Considering the above, along with his many exemplary accomplishments while serving on active duty, we believe the applicant is capable of providing effective and meaningful service to this nation and that the appropriate measure to take in this particular case is to correct his records in a manner which would allow for his immediate reenlistment.

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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 on 7 December 2006, he was discharged under the provisions of AFI 36-3208, paragraph 1-2, (Secretarial Authority) with Separation Program Designator (SPD) Code of KFF, and was issued a Reenlistment Eligibility Code of “1J.” 

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The following members of the Board considered AFBCMR Docket Number BC-2007-02717 in Executive Session on 3 Jan 08, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Aug 07, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSOA, dated 10 Sep 07.
   Exhibit D.  Letter, AFPC/DPSOS, dated 11 Sep 07.
   Exhibit E.  Letter, SAF/MRBR, dated 5 Oct 07.
   Exhibit F.  Letter, Applicant, not dated.