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AF | BCMR | CY1999 | 9803377
Original file (9803377.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  98-03377
            INDEX CODE: 110.02

            COUNSEL:  None

            HEARING DESIRED: No



_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of  Release  or  Discharge  from  Active  Duty,
Blocks 25 (Separation Authority), 26  (Separation  Code),  and  27  (Reentry
Code) be changed to allow him to join the Marine Corps.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of discharge he was a young man, not fully prepared mentally  or
physically to carry out a military life.  He didn’t  fully  realize  at  the
time the potential and great future the military could provide for him.   He
would like the opportunity to join the finest  organization  in  the  world,
the U.S. Marine Corp.   By  removing  the  restriction  in  his  record  for
reentry, he can fulfill his dream in becoming a United States Marine.

In support of his request, he submits five character reference letters,  his
DD Form 214, and a St. Luke Psychiatric Form.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 May 1992 in the  grade  of
airman basic for a period of 4 years.

On 21 September 1992, applicant was notified of his  commander's  intent  to
initiate discharge action against him because his  DSM-III-R  Axis  I  &  II
diagnosis revealed that he had an Adjustment Disorder with  depressed  mood,
and self-defeating and  compulsive  features.   On  21  September  1992,  he
waived his option to consult counsel and his right to submit statements.

Applicant was discharged on 24 September 1992, in the grade of airman  basic
with an  Uncharacterized  discharge,  under  the  provisions  of  AFR  39-10
(Conditions that interfere with military service - not disability  -  mental
disorders).  He had completed 4 months and 14 days of total active  military
service.  He was issued an RE code of “2C”  (Involuntarily  separated  under
AFR 39-10, with an Honorable Discharge; or, Entry Level  Separation  without
characterization of service).

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, reviewed this application  and  states
that the applicant furnishes  no  controverting  evidence  to  override  the
adjustment disorder diagnosis that was established prior to  his  separation
which remains valid even by his own admission.  This being valid,  there  is
no  justification  to  consider  changing  the  RE  code  as  the  applicant
requests.  The BCMR Medical Consultant is of the opinion that no  change  in
the records is warranted and the application should be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

The Dir of Personnel Program  Management,  Separations  Branch,  AFPC/DPPRS,
reviewed this application and states that this case has  been  reviewed  for
separation processing and there are no errors or irregularities  causing  an
injustice to the applicant.  The discharge complies with, and was  conducted
according to AFR 39-10, the appropriate directives in effect at the time  of
his discharge.  The records indicate member’s military service was  reviewed
and appropriate action was  taken.   The  applicant  did  not  identify  any
specific errors  in  the  discharge  processing  nor  provide  facts,  which
warrant a change in his reason for separation.  Accordingly, they  recommend
applicant’s request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit D.

The Dir of Personnel Program Management, Special Programs and BCMR  Manager,
AFPC/DPPAES, reviewed this application and states they  conducted  a  review
of the applicant’s case file.  The reenlistment  eligibility  code  “2C”  is
correct.  The type of discharge drove assignment of the RE code.

A complete copy of the Air Force evaluation is attached at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 29 March 1999, copies of the Air Force evaluations were forwarded to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing laws  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 probable error or injustice warranting changing the  separation
authority and separation code on his DD Form 214.  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  and  adopt
their 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  changing
the separation authority or the separation code.

4.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence  of  probable  error  or   injustice   warranting   changing   the
reenlistment  eligibility  (RE)  code.   In  accordance   with   appropriate
regulations, the RE code was  appropriate  to  the  existing  circumstances.
However, we note that the applicant is attending college while working  full
time.  He has  provided  statements  indicating  that  his  study  and  work
efforts are excellent.  In view  of  his  post-service  accomplishments,  we
believe he should be afforded the opportunity  to  apply  for  a  waiver  to
enlist in the armed services.  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 the Air Force  or  any  branch  of  the
service.  Therefore, we recommend that the applicant’s RE  code  be  changed
to “3K.”

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that at the time of his discharge  on  24
September 1992, he was issued a reenlistment eligibility code of “3K.”

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 29 June 1999, under the provisions of AFI 36-2603:

            Mr. Robert W. Zook, Panel Chair
            Mr. Philip Sheuerman, Member
            Ms. Olga M. Crerar, Member
            Ms. Gloria J. Williams, Examiner (without vote)

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

      Exhibit A. DD Form 149, dated 3 Dec 98, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, BCMR Medical Consultant, dated 25 Jan 99.
      Exhibit D. Letter, AFPC/DPPRS, dated 10 Mar 99.
      Exhibit E. Letter, AFPC/DPPAES, dated 12 Mar 99.
      Exhibit F. Letter, AFBCMR, dated 29 Mar 99.






                             ROBERT W. ZOOK
                             Panel Chair


AFBCMR 98-03377





MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to   , be corrected to show that at the time of his discharge on
24 September 1992, he was issued a reenlistment eligibility code of “3K.”




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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