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AF | BCMR | CY2000 | 0001843
Original file (0001843.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                 DOCKET NO: 00-01843
                             INDEX CODE 100.06
      XXXXXXXXX              COUNSEL: None

      XXXXXXXXXXXXX               HEARING DESIRED: Yes

Applicant requests that his reenlistment eligibility (RE) code of “2B”
(Involuntarily separated under AFR 39-10 with a general discharge)  be
upgraded to a “1” code.  Applicant's submission is at Exhibit A.

The applicant was discharged for misconduct on  21  Oct  94  after  10
months and 7 days of active duty and given a general  characterization
of service.  The Air  Force  Discharge  Review  Board  (AFDRB)  denied
applicant's 27 Mar 95 request for an honorable discharge on 5 Nov 96.

The appropriate Air Force offices evaluated  applicant's  request  and
provided advisory opinions to the Board recommending  the  application
be denied (Exhibit C).  The advisory opinions were  forwarded  to  the
applicant for review and response (Exhibit D). As of this  date,  this
office has received no response.

After careful consideration of applicant's request and  the  available
evidence  of  record,  we  find  insufficient  evidence  of  error  or
injustice to warrant corrective action.  The facts and opinions stated
in the advisory opinions appear to be based on the evidence of  record
and have not been rebutted by applicant.  Absent  persuasive  evidence
applicant was denied rights to which entitled, appropriate regulations
were not followed, or appropriate standards were not applied, we  find
no basis to disturb the existing record.

Accordingly, applicant's request is denied.

The documentation provided with this case was sufficient to  give  the
Board a clear understanding of the  issues  involved  and  a  personal
appearance, with or without legal counsel, would not  have  materially
added to that understanding.  Therefore, the request for a hearing  is
not favorably considered.

The Board staff is directed to  inform  applicant  of  this  decision.
Applicant should also be informed that this decision is final and will
only be reconsidered upon the presentation of  new  relevant  evidence
which was not reasonably available at the  time  the  application  was
filed.

Members of the Board Mr. Thomas S. Markiewicz, Ms. Patricia D.  Vestal
and Mr. Joseph A. Roj considered this application on 14 December  2000
in accordance with the provisions of Air  Force  Instruction  36-2603,
and the governing statute, 10, U.S.C. 1552.




                                       Panel Chair

Exhibits:


A.  Applicant's DD Form 149

B.  Available Master Personnel Records
C.  Advisory Opinions
D.  SAF/MIBR Ltr Forwarding Advisory Opinions

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