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AF | BCMR | CY2002 | 0200973
Original file (0200973.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00973
                       INDEX CODE:  110.00
      APPICANT   COUNSEL:  None

SSN              HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be  changed  to  allow  him  to
enlist in the Army.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His misconduct while on active duty was detrimental to good order  and
discipline of the Air Force, but it was not criminal in nature nor did
it reflect negatively on the Air Force.  His immaturity contributed to
resentment and a personality conflict with an individual who  demanded
respect but no way tried to earn it.  He desires to serve  his  county
in the US Army and upgrading his RE code will aid him in pursuing  his
dream.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force as an airman  basic  on  1
Jul 94 for a period of four (4) years.

On 26 Jul 96, the applicant's commander recommended him for  discharge
for unsatisfactory duty performance and misconduct.  The  reasons  for
the discharge action are:

            a.  On 13 Jan 95, the applicant  was  late  for  work  and
received a record of individual counseling.

            b.  The applicant, on 6 Feb 95, reported late for work and
received a record of individual counseling.

            c.  On 17 May 95,  the  applicant  received  a  letter  of
reprimand for failure to go to his appointed place of duty.

            d.  The applicant on 18 Jul 95, failed to  report  to  his
place of duty at the appointed time and received a letter of reprimand
and an unfavorable information file was established.

            e.  On  17  Aug  95,  the  applicant  failed  to  properly
inventory and account for tools in his toolbox.  He received a  record
of individual counseling on 22 Aug 95 for this incident.

            f.  On 29 Aug 95,  the  applicant  received  a  record  of
individual counseling for not properly accounting  for  tools  in  his
toolbox on 28 Aug 95.

            g.  On 11 Oct 95,  the  applicant  received  a  record  of
individual counseling for not completing Volume II  of  his  CDC's  on
time.

            h.  On 4 Jan 96, the applicant failed to  complete  Volume
IV of his CDC's on time and received a letter of reprimand  on  7  Feb
96.

            i.  On 6 May 96, the applicant failed to  pay  a  debt  to
AAFES and received a letter of reprimand on 14 May 96.

            j.  The applicant, on 4 Jun 96, intentionally made a false
statement to SSgt Y. P. and on 5 Jun  96,  he  failed  to  go  to  his
appointed place of duty.  For these incidents he received  an  Article
15 on 28 Jun 96.

            k.  The applicant failed a dorm room inspection on 16  Jul
96 and received a letter of reprimand on 19 Jul 96.

            l.  The applicant, on or  about  24  Jul  96,  received  a
failing score of 57 on his Career Development End of Course Test.

The applicant was discharged on 9 Aug 96, for misconduct and  received
an under honorable conditions (general) discharge.  He served 2 years,
1 month and 9 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS states based upon the  information  in  the  applicant's
case file,  they  believe  his  discharge  was  processed  within  the
procedural and substantive requirements of  the  discharge  regulation
and his discharge was within the sound
discretion  of  the  discharge  authority.   They  further  state  the
applicant has not submitted any new evidence identifying any errors or
injustices that occurred during the processing of his discharge.  They
recommend denying the requested relief (Exhibit C).

HQ AFPC/DPPAE states the applicant received a reenlistment eligibility
code of "2B," indicating the member was separated with  a  general  or
under other than  honorable  conditions  discharge  which  is  correct
(Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
7 Jun 02, for review and response.  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 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 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  discharge  action  and  the
resulting reenlistment code he  received  were  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.  The applicant admits while on active
duty his misconduct was detrimental to good order  and  discipline  of
the Air Force, and while it was not criminal in nature, his misconduct
did not exhibit the integrity, character, and professionalism required
of a member in the Air Force.  Therefore,  based  on  the  applicant's
overall performance while on active duty, it would appear  the  reason
he was issued the contested RE code is substantiated.  In view of  the
above and 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  in
Executive Session on 22 August 2002, under the provisions of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Mr. George Franklin, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 11 Mar 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPRS, dated 4 Apr 02.
      Exhibit D. Letter, HQ AFPC/DPPAE, dated 28 May 02.
      Exhibit D. Letter, SAF/MRBR, dated 7 Jun 02.




                             RICHARD A. PETERSON
                             Panel Chair

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