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AF | BCMR | CY2002 | 0102003
Original file (0102003.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-02003, Cse 2
            INDEX CODE:  100.06

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment  eligibility  (RE)  code  be  changed  to  allow  him
possible entry into the Air Force Reserve.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Changing his RE code would aid him in exploring a career  in  the  Air
Force Reserves upon receiving his associate's degree.

Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  was  discharged  with  a  general   (under   honorable
conditions) discharge on 16 May 90.  He served 2 years and 5 months of
active service.  He received an RE  code  of  2B,  "Separated  with  a
general or under other than honorable conditions (UOTHC) discharge.

The applicant applied  to  the  Air  Force  Board  for  Correction  of
Military Records (AFBCMR) in  Jul  00  to  upgrade  his  discharge  to
honorable.  The AFBCMR in Dec 00 upgraded his general (under honorable
conditions) discharge to an honorable discharge.  The  applicant's  RE
code was changed to a 2C, "Involuntarily separated with  an  honorable
discharge; or  entry  level  separation  without  characterization  of
service."

_________________________________________________________________

AIR FORCE EVALUATION:

The  Directorate  of  Personnel  Program  Management,  HQ  AFPC/DPPRS,
evaluated applicant's request and provided an advisory opinion to  the
Board recommending the application be denied on the basis
that regardless of the fact the AFBCMR upgraded his discharge, he  was
still involuntarily separated (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states the reasons
he is ineligible for reenlistment is that he received two Article 15s,
one was  for  driving  his  privately  owned  vehicle  without  proper
insurance coverage on base.  The applicant resubmitted the letter from
the insurance company stating he did have insurance  on  his  vehicle.
He received the other Article 15 for failing to go  to  his  appointed
place of duty.  He states that he did, in fact, go to work the day  in
question but did not arrive until noon.  He feels the wording  on  the
Article  15s  should  have  been  worded  differently,  thus  possibly
lessening the severity of his punishment (Exhibit E).

_________________________________________________________________

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  probable  error  or  injustice.    After   careful
consideration of the circumstances  of  this  case  and  the  evidence
provided by the applicant, we are not persuaded that the  reenlistment
code he received was in error or unjust.  Applicant’s contentions  are
duly noted; 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.   Although  the  applicant's  discharge  was  upgraded  the
reenlistment code he received is appropriate.  The  reenlistment  code
he  received  indicates  that  the   member   was   either   separated
"Involuntarily  with  an  honorable  discharge;  or  an  entry   level
separation without characterization of service."   The  applicant  was
involuntarily separated due to misconduct.  Therefore, in the  absence
of evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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  this  application  in
Executive Session on October 23, 2001, under the provisions of AFI 36-
2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Mr. Billy C. Baxter, Member
                 Mr. Mike Novel, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Jul 01, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPAE, dated 12 Sep 01.
      Exhibit D. Letter, SAF/MIBR, dated 21 Sep 01.
      Exhibit E. Applicant's Response, dated 2 Oct 01.




                                PATRICIA D. VESTAL
                                Panel Chair

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