RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  00-03014
            INDEX CODE:  110.00,112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge date, Reenlistment Eligibility (RE) code,  and  his  narrative
reason for discharge be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires to enlist in the Armed Forces and needs these items changed.

In support of his appeal, the applicant provided his discharge  certificate,
DD Form 214, NGB Form 22, and Special Order AC-122-WY.

The applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts  pertaining  to  this  application,  extracted  from  the
applicant's military records, are contained in the letter  prepared  by  the
appropriate office of the Air  Force.  Accordingly,  there  is  no  need  to
recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Personnel Policy Staff Officer, ANG/DPFP, reviewed this application  and
states that they recommend relief on the correction of the  discharge  date.
The correct date should be 22 September 2000,  according  to  HQ  AFPC/DPPDS
Message DTG 011547Z  September  2000,  Subject:  Discharge  with  Disability
Severance Pay - the applicant, “Discharge will  be  effective  22  September
2000.”

They recommend denial of relief on  the  change  of  the  RE  code  and  the
narrative reason for separation.  In accordance  with  (IAW)  ANGI  36-2002,
(Enlistment and Reenlistment in the Air National Guard and as a  Reserve  of
the Air Force), Table 1.3,  Rule  18,  “A  person  separated  by  reason  of
physical disability from a prior period of service with  any  of  the  Armed
Forces.  A waiver may be requested through the TAG to ANG/SGP.  If  approved
by ANG/SGP, the applicant is eligible to enlist.”  Also,  IAW  AFI  36-3209,
(Separation and Retirement Procedures for Air National Guard and  Air  Force
Reserve Members), based on the fact that the applicant was in  week  two  of
basic training, he is in entry level status which is “the first 180 days  of
continuous active duty  military  service.”   Entry  Level  Separations  are
members    discharged    from    entry-level    status    without    service
characterization.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 April 2001, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within  thirty  (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  law  or
regulations.

2.    The application was timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of  probable  error  or  injustice  warranting  a  change  in  the
applicant’s discharge date.  According to HQ AFPC/DPPDS message DTG  011547Z
September 2000, the applicant’s discharge was effective 22  September  2000.
In view of the above and to offset any possibility of an  injustice  to  the
applicant, we recommend his records be corrected  to  the  extent  indicated
below.

4.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of  probable  error  or  injustice  warranting  a  change  in  the
applicant’s Reenlistment Eligibility (RE)  code  and  narrative  reason  for
discharge.  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.  While in week two of basic training, the applicant  sustained  a
recurrent right shoulder  dislocation  that  required  surgery.   A  Medical
Evaluation Board (MEB) determined  that  the  applicant  was  not  worldwide
deployable nor able to perform the duties  of  the  position;  subsequently,
the ANG/SGP recommended that the applicant  be  found  unfit  and  separated
from the Air National Guard.  A Physical Evaluation Board  (PEB)  determined
that  the  applicant’s  condition  prevented  him  from  performing   duties
commensurate with his office, grade, rank or rating and  recommended  he  be
discharged  with  entitlement  to  disability  severance  pay  with  a   10%
disability rating.  However, since the applicant had less than 6  months  of
active duty, he was not eligible for separation  pay.   Further,  since  the
applicant was serving in the first 180 days  of  entry,  his  discharge  was
uncharacterized in accordance with the governing directive.   The  applicant
has not established that he was treated differently than  other  individuals
similarly situated.  In  view  of  the  foregoing  and  in  the  absence  of
persuasive evidence to the contrary, we find no compelling  basis  to  grant
the remaining relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

         a.  He was not released from active duty on 5 September  2000,  but
on that date, he continued to serve on active duty in the  grade  of  airman
first class.

         b.  On 21 September 2000, he was released from  active  duty  under
the  provisions  of  AFMAN  36-8001,  Termination  of  Initial  Active  Duty
Training, and on 22 September 2000, he was  honorably  discharged  from  the
Wyoming Air National Guard and the Reserve of the Air Force.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 30 May 2001, under the provisions of AFI 36-2603:

                  Ms. Charlene M. Bradley, Panel Chair
                  Ms. Martha Maust, Member
                  Mr. Laurence M. Groner, Member

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

   Exhibit A.  DD Form 149, dated 3 November 2000, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.



   Exhibit C.  Letter, ANG/DPFP, dated 9 March 2001, w/atchs.
   Exhibit D.  Letter, SAF/MIBR, dated 20 April 2001.




                                CHARLENE M. BRADLEY
                                Panel Chair





AFBCMR 00-03014





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:

                 a.  He was not released from active duty on 5 September
2000, but on that date, he continued to serve on active duty in the grade
of airman first class.

                 b.  On 21 September 2000, he was released from active duty
under the provisions of AFMAN 36-8001, Termination of Initial Active Duty
Training, and on 22 September 2000, he was honorably discharged from the
Wyoming Air National Guard and the Reserve of the Air Force.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency