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AF | BCMR | CY2002 | BC-2002-02510
Original file (BC-2002-02510.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02510
            INDEX CODE:  100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from 2C to 1J so  that  he
may serve in the Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not properly  informed  about  what  the  codes  meant  when  he  was
discharged.  The RE code is a mistake because his character of  service  has
always been outstanding as evidenced by his performance ratings.

In support of his request, applicant provided  a  personal  statement.   His
complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
18 Oct 95.  He was progressively promoted to the  grade  of  senior  airman,
below-the-zone, having assumed that grade effective and with a date of  rank
of 18 Apr 98.

On 13 Jul  00,  applicant  was  notified  by  his  commander  that  she  was
recommending he be discharged from the Air Force  under  the  provisions  of
AFPD 36-32 and AFI 36-3208, paragraph 5.11.  The specific  reason  for  this
action was that he was referred to mental health  for  a  mental  evaluation
based on an ongoing fear of flight and the  withdrawal  of  his  wings.   He
received mental health treatment for his phobia, at which time he  disclosed
extreme anxiety, tightness in chest, rapid  heart  rate,  and  inability  to
concentrate both prior to and while in flight.   He  was  diagnosed  with  a
specific phobia, situational type, fear of flying and the  psychologist  did
not advise cross training for the purpose of worldwide  qualifications.   He
was advised of his rights in this matter and  acknowledged  receipt  of  the
notification on that same date.  After consulting  counsel,  he  elected  to
waive his right to submit matters to his commander for consideration.  In  a
legal review of the case file, the wing deputy staff  judge  advocate  found
the case legally sufficient and recommended that he be  discharged.   On  21
Jul 00, the discharge  authority  concurred  with  the  recommendations  and
directed  that  he  be  discharged  with  an  honorable  discharge   without
probation and rehabilitation.  He was discharged on 21 Jul 00 and issued  an
RE code of "2C.".  He served 4 years, 9 months, and 4 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  reviewed  applicant's  request  and  recommends  denial.   DPPRS
states  that  the  discharge  was  consistent  with   the   procedural   and
substantive requirements of the discharge  regulation  and  was  within  the
discretion of the discharge authority.  He did not submit any  new  evidence
or identify  any  errors  or  injustices  that  occurred  in  the  discharge
processing.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE reviewed applicant's request and states  that  the  RE  code  2C,
"Involuntarily  separated  with  an  honorable  discharge;  or  entry  level
separation without characterization of  service,"  is  correct.   The  DPPAE
evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the applicant on 1  Nov
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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  Evidence has not been provided in  support
of his appeal  which  would  lead  us  to  believe  that  a  change  to  his
reenlistment eligibility is warranted.   We  took  notice  of  his  complete
submission in judging the merits of this case; however, we do not  find  his
assertions sufficiently persuasive to override  the  rationale  provided  by
the Air Force.  Absent persuasive evidence that  the  applicant  was  denied
rights to which he was entitled or that the appropriate standards  were  not
applied during his discharge processing, we  find  no  compelling  basis  to
recommend granting the relief sought in this application

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue  involved.   Therefore,  the  request  for  a
hearing 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  Docket  Number  02-02510  in
Executive Session on 18 Dec 02, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. Billy C. Baxter, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated7 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 Aug 02.
    Exhibit D.  Letter, AFPC/DPPAE, dated 24 Oct 02
    Exhibit E.  Letter, SAF/MRBR, dated 1 Nov 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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