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AF | BCMR | CY2002 | 0202111
Original file (0202111.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  02-02111
            INDEX CODE 100.06  110.02
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation program designator (SPD) code  of  “JGA”  (Entry  level
performance and conduct) and reenlistment  eligibility  (RE)  code  of
“2C” (Involuntarily separated with an  honorable  discharge  or  entry
level separation without characterization of service) be changed so he
can reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of the incident, he and the individual were in an argument
and both exchanged inappropriate words. This was an isolated  incident
not an appropriate reason  to  discharge  him.  He  was  not  given  a
specific reason why he was being separated or why he  was  “unable  to
adapt.” He now has the maturity and responsibility that is required to
succeed in the Air Force.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 Jul 98.  He  was
counseled on 19 Oct 98 for failing his block test. On 29  Oct  98,  he
was sent to correctional custody  for  missing  physical  conditioning
(PC) and being late for class several times.  On  4 Nov  98  he  again
failed to show up for PC and school. On 9 Nov 98, he missed PC for the
third time and received a Letter of Reprimand (LOR).  On 11 Dec 98, he
received another LOR for threatening to  throw  an  airman  through  a
window. The applicant was given an entry-level separation on 17 Dec 98
after 4 months and 19 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRSP provided their rationale for recommending denial.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPAE confirmed the accuracy of the RE code.

A complete copy of the evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 27 Sep 02 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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 a thorough review  of  the
evidence of record and applicant’s submission, we  are  not  persuaded
that his SPD and RE codes should be changed.  Applicant’s  contentions
are  duly  noted;  however,  we  do  not  find  these   uncorroborated
assertions, in and by themselves, sufficiently persuasive to  override
the rationale provided by the Air Force. In this regard,  he  has  not
demonstrated that his misconduct and separation in less than 180  days
of service warrant anything  other  than  the  SPD  and  RE  codes  he
received. We therefore agree with the recommendations of the Air Force
and adopt the rationale expressed as the basis for our  decision  that
the applicant has failed to sustain  his  burden  of  having  suffered
either an error or an injustice. In  view  of  the  above  and  absent
persuasive evidence to the contrary, we find no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

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 10 December 2002, under the provisions of AFI 36-
2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Ms. Brenda L. Romine, Member
                  Mr. James W. Russell III, Member

The following documentary evidence relating to AFBCMR Docket Number 02-
02111 was considered:

   Exhibit A.  DD Form 149, dated 18 Jun 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRSP, dated 25 Jul 02.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 18 Sep 02.
   Exhibit E.  Letter, SAF/MRBR, dated 27 Sep 02.




                                   BRENDA L. ROMINE
                                   Panel Chair

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