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AF | BCMR | CY2002 | 0202000
Original file (0202000.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02000
                       INDEX CODE:  110.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Separation and Reenlistment Eligibility (RE) codes be  changed  to
allow him entry into the Air Force Reserves.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He accepted an early discharge under the "Early Separation  Program  -
Strength Reduction."  The Separation and RE codes he received give the
indication he was separated due to an administrative  action.   During
his military period, there were no administrative and no legal actions
taken against him.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 23 February 1988 as  an
airman basic for a period of four years.

On 16 January 1991, applicant's commander notified him of  his  intent
to impose nonjudicial action on him for allowing his room to be filthy
and unsanitary on 9 January 1991 and failing to report to duty  on  16
January 1991. After consulting counsel, he waived his right to present
matters.  The squadron section commander notified the applicant on  23
January 1991, that he was not being considered for promotion to senior
airman.  The applicant acknowledged receipt of  the  nonrecommendation
for promotion on 23 January 1991.  On 25 January 1991,  he  was  found
guilty  by  his  commander  who  imposed  the  following   punishment:
reduction in grade to airman basic--suspended until 9  July  1991,  at
which time it would be remitted without further action  unless  sooner
vacated; forfeiture of $50 for 2 months and 30  days  in  correctional
custody.  He did not appeal the punishment.

The applicant was honorably discharged on 15 July 1991.  He  served  3
years, 4 months and 23 days of total active service.

He was  given  an  RE  code  of  4H  which  means  "Serving  suspended
punishment pursuant to Article 15, Uniform Code of  Military  Justice”
and a SPD of K23 which means  "Early  Separation  Program  -  Strength
Reduction."

The remaining 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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS believes, based on the  documentation  in  the  applicant's
case file regarding his separation, his discharge was consistent  with
procedural and substantive requirements of the  discharge  regulation;
and the discharge was within the sound  discretion  of  the  discharge
authority.

They further state  the  applicant  has  not  submitted  any  evidence
identifying  any  errors  or  injustices  that  occurred  during   the
processing of his discharge.  Nor, has he  provided  any  evidence  or
documentation to warrant a change in his discharge.  DPPRS  recommends
denying the applicant's request.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPAE  states  the  RE  code  4H  "Serving  suspended  punishment
pursuant to Article 15, Uniform Code of Military Justice  (UCMJ)"  the
applicant received is correct (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
9 August 2002, 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 his requests  to  change  the  RE  and
separation codes is warranted.  The applicant was separated under  the
early release program and his separation  code,  K23,  reflects  this.
However, at  the  time  of  separation  he  was  serving  a  suspended
punishment under the provisions of Article 15.  Therefore, the RE code
he  received  is  apparently  in   accordance   with   the   governing
regulations.  In view of the foregoing, we agree with the opinions and
recommendations 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.  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   Docket  Number  02-
02000 in Executive Session on 1 October 2002, under the provisions of
AFI 36-2603:

                       Mr. David C. Van Gasbeck, Panel Chair
                       Mr. James E. Short, Member
                       Ms. Martha J. Evans, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 17 Jun 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 16 Jul 02.
   Exhibit D.  Letter, AFPC/DPPAE, dated 31 Jul 02.
   Exhibit E.  Letter, SAF/MRBR, dated 9 Aug 02.




                                     DAVID C. VAN GASBECK
                                     Panel Chair

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