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AF | BCMR | CY2002 | 0200166
Original file (0200166.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00166
            INDEX NUMBER:  100.03
            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed in order for  him
to reenlist in the Air Force.

___________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be  in  error  or
unjust and the evidence submitted in support of the appeal  are  at
Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 2 July 1996, the applicant enlisted in the Regular Air Force  in
the grade of airman basic.  He was promoted to the grade of  airman
(Amn/E-2),  with  an  effective  date   and   date   of   rank   of
2 January 1997.  Applicant’s grade at time of discharge was  airman
(Amn/E-2).

On  3  June  1997,  the  applicant  was  discharged  by  reason  of
misconduct and issued reenlistment eligibility (RE) code  2B.   The
pertinent facts surrounding his discharge are contained in the  Air
Discharge Review Board (AFDRB) Hearing Record at Exhibit C.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and  addressed  the  reason
for the discharge.  They found that the  discharge  was  consistent
with the procedural and substantive requirements of  the  discharge
regulation.  Additionally, that the discharge was within the  sound
discretion of the discharge authority.  They also  noted  that  the
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the  discharge  process.   Accordingly,
they recommended his records remain the same  and  his  request  be
denied (Exhibit D).

HQ AFPC/DPPAE reviewed the applicant’s  case  file  and  determined
that the reenlistment eligibility code of  2B,  “separated  with  a
general or under other than honorable conditions (UOTHC) discharge”
is correct.  They stated that on 3 June  1997,  the  applicant  was
involuntarily  separated  and  given  a  general  (under  honorable
conditions) characterization of service.

A complete copy of the evaluation is at Exhibit E.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 22 March 2002 for review and comment within 30 days.  As of this
date, no response has been received by this office (Exhibit F).

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing
law or regulations.

2.  The application was timely filed.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.  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  office  of  primary  responsibility  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 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 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
AFBCMR Docket Number 02-00166 in Executive Session on 8  May  2002,
under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Clarence D. Long III, Member
      Ms. Dorothy P. Loeb, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Oct 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFDRB Hearing Record, dated 12 Nov 98.
    Exhibit D.  Letter, HQ AFPC/DPPRS, dated 11 Feb 02.
    Exhibit E.  Letter, HQ AFPC/DPPAE, dated 5 Mar 02.
    Exhibit F.  Letter, SAF/MRBR, dated 22 Mar 02, w/atchs.




                                   TERRY A. YONKERS
                                   Panel Chair

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