RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-02299
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE)  code  2P  (AWOL,  deserter  dropped  from
rolls) be changed to enable him to enlist in the Air Force Reserve;  his  DD
Form 214, Report of Separation From Active Duty, be corrected  to  show  his
date of enlistment as 2 October 1978 versus 1 October 1976; and his DD  Form
214 be corrected to reflect his awarded Air Force Specialty Code  (AFSC)  as
81132,  Apprentice   Law   Enforcement   Specialist,   instead   of   99004,
Unclassified Airman.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The enlistment date on his DD Form 214 is wrong.  He was not the age  of  16
when he entered the military.  His RE Code on his DD Form 214  indicates  he
was absent without leave (AWOL); however, he was never AWOL.  He was  not  a
disciplinary problem.  His DD Form 214 needs to reflect he was  awarded  the
AFSC of Law Enforcement Specialist.

The  applicant  provided  no  evidence  in  support  of  his  appeal.    The
applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 2 October 1978, the applicant enlisted in the Regular Air  Force  at  the
age of 18 in the grade of airman basic (E-1) for a  period  of  four  years.
The  applicant  was  trained  in  AFSC  81132,  Apprentice  Law  Enforcement
Specialist.  He was promoted to the grade of  airman  (E-2),  effective  and
with a date of rank of 2 April 1979.  He  received  one  Airman  Performance
Report (APR) for the period 1 October 1978 through 6  July  1979,  in  which
the overall evaluation was 4.  The APR was referred to the applicant  on  12
July 1979; however, he did not submit comments for review by  the  indorser.


The applicant received five Letters of Counseling  (LOC)  and  a  Letter  of
Admonishment during the period of 29 March  1979  and  11 June  1979  for  a
variety of inappropriate behaviors to  include;  poor  attitude,  tardiness,
missing a mandatory appointment and  for  off  duty  police  activities  and
conduct.  On 6 July  1979,  his  Squadron  Section  Commander  notified  the
applicant of his placement on the Control Roster for a period  of  120  days
for repeated failure to  maintain  standards.   The  applicant  acknowledged
receipt on 6 July 1979 without comment.

On 10 June 1979, the  applicant  was  referred  for  a  commander-  directed
psychiatric evaluation because of his various  problems  on  and  off  duty.
Mental Health Services hospitalized the  applicant  from  27  July  1979  to
7 September  1979   for   observation   and   evaluation.    The   attending
psychiatrist diagnosed the applicant  with  immature  personality  disorder,
chronic, mild.  The psychologist indicated that the applicant was  qualified
for worldwide duty with  temporary  restriction  for  participation  in  the
Personnel Reliability Program (PRP).  It  was  noted  that  the  applicant’s
intellectual functions and intelligence were unimpaired.   The  psychiatrist
recommended that the applicant be reevaluated in six months to  address  his
PRP  restriction.   The  psychiatrist  discussed  the  diagnosis  with   the
applicant  and  told  him  that  if  his  character  and  behavior  disorder
continued  to  affect  his  line  of  duty,  he  could  be  considered   for
administrative separation upon  the  discretion  of  concerned  authorities.
The applicant verbalized his understanding of the evaluation.

On 19 July 1979, the applicant’s commander notified the  applicant  that  he
was permanently disqualified to bear firearms in accordance  with  AFR  125-
26, paragraph 9a(1).  On 20 July 1979, the  applicant  acknowledged  receipt
without comment.  On 19 July 1979, the applicant’s AFSC 81132 was  withdrawn
and he was awarded the AFSC 99004.

On 12 September 1979, the applicant’s commander notified  the  applicant  of
his intent to recommend him for discharge based on his failure  to  maintain
job proficiency and noncontributory performance to the  unit  mission.   The
applicant acknowledged receipt, waived his right to consult  legal  counsel,
and waived his right to submit statements in his own  behalf  for  retention
in  the  Air  Force.   On  13  September  1979,  the  commander   signed   a
recommendation to the discharge  authority  for  the  applicant’s  discharge
based on failure to  maintain  job  skill  proficiency  and  noncontributory
performance to unit mission.  On 21 September 1979, the discharge  authority
approved the recommended separation  under  the  provisions  of  AFR  39-10,
Chapter 3, Paragraph 3-81.

The  applicant  was  discharged  under  honorable  conditions  effective  28
September 1979 with a reentry  code  of  2P  (AWOL,  deserter  dropped  from
rolls).  He had served 11 months and 27 days on active duty.




An error on the applicant’s DD form 214 was discovered and  corrected  on  9
October 1996, changing the applicant’s enlistment date from 1  October  1976
to 2 October 1978.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAC addressed the issue of the applicant’s awarded  AFSC.   It  is  a
mandatory requirement for entry, award and retention of  AFSC  81132  to  be
able to bear firearms per AFR 39-1, Airman  Classification,  Attachment  47.
A thorough review of the applicant’s  personnel  records  substantiates  his
AFSC 81132, Apprentice Law Enforcement Specialist, was  withdrawn  effective
19 July 1979.  Since the applicant did not possess any other  awarded  AFSC,
the  AFSC  99004,  Unclassified  Airman,  was  appropriately  awarded.   The
applicant did not  submit  any  new  evidence  or  identify  any  errors  or
injustices that occurred in his AFSC  81132  withdrawal.   DPPAC  recommends
the applicant’s records remain the same and  his  request  be  denied.   The
DPPRS evaluation is at Exhibit C.

AFPC/DPPRS reviewed the  applicant’s  case  and  recommends  denial.   DPPRS
concluded the applicant’s discharge was consistent with the  procedural  and
substantive  requirements  of  the  discharge  regulation  and  was   within
discretion of the discharge authority.  The applicant  did  not  submit  any
new evidence or identify any errors  or  injustices  that  occurred  in  the
discharge proceedings.  On 16 September 2002, DPPRSP  forwarded  a  copy  of
the DD  Form  215,  Correction  to  DD  Form  214;  dated  9  October  1996;
correcting the applicant’s enlistment date from 1 October 1976 to 2  October
1978.  The DPPRS evaluation is at Exhibit D.

AFPC/DPPAES reviewed the applicant’s case and concluded  that  a  correction
to the applicant’s RE Code is appropriate.  A DD Form 215 was  issued  on  6
January 2003 correcting  the  applicant’s  RE  code  from  2P  to  2C.   The
applicant was notified and sent copies of the correction on 6 January  2003.
 The DPPAES evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  10
January 2003, for review and comment within 30  days  (Exhibit  F).   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.  The applicant’s records were corrected  on
9 October 1996 to reflect his enlistment date  from  1  October  1976  to  2
October 1978.  The applicant’s DD Form 214 was amended on 6 January 2003  to
change his RE Code from 2P to 2C.  Evidence has  not  been  presented  which
would lead us  to  believe  that  the  applicant’s  corrected  RE  code  and
separation code, which are directly related  to  his  involuntary  honorable
discharge, are improper or contrary  to  the  provisions  of  the  governing
regulations.   The  record  shows  that  less  than  six  months  after  his
enlistment, the applicant began to experience numerous problems adapting  to
military life and  standards.   Following  a  mental  health  evaluation,  a
military psychologist  diagnosed  a  character  and  behavior  disorder  and
recommended that if the applicant’s disorder continued to  affect  his  duty
performance, he could be considered for  administrative  separation  at  the
discretion of concerned authorities.  Other  than  his  own  assertions,  we
have seen no evidence by the applicant indicating the information  contained
in his medical records and discharge case file  is  erroneous,  he  was  not
afforded all rights to which he was entitled, or that his commanders  abused
their discretionary authority.  We find the applicant has failed to  sustain
his burden for providing a showing of error or injustice.  Accordingly,  the
applicant’s request is not favorably considered.

_________________________________________________________________

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 19 February 2002, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. James W. Russell III, Member
      Ms. Kathleen F. Graham, Member


The following documentary evidence for AFBCMR  Docket  Number  02-02299  was
considered:

     Exhibit A.  DD Form 149, dated 14 Jul 02.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAC, dated 29 Aug 02.
     Exhibit D.  Letter, AFPC/DPPRS, dated 23 Sep 02.
     Exhibit E.  Letter, AFPC/DPPAES, dated 24 Dec 02.
     Exhibit F.  Letter, SAF/MRBR, dated 10 Jan 03.




                                  THOMAS S. MARKIEWICZ
                                  Vice Chair