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AF | BCMR | CY2003 | BC-2002-02800
Original file (BC-2002-02800.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02800
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be returned to duty to finish out his time in the military.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like to finish out his time as a disabled veteran.

Supporting  documents  have  not  been  submitted.   The   applicant’s
complete submission is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 17 Mar
71 for a period of 4 years.  He  was  progressively  promoted  to  the
grade of airman, with an effective date and date of rank of 28 Apr 71.

On 19 Aug 71, the applicant received notification that  he  was  being
recommended for  discharge.   The  reason  for  this  action  was  his
unsuitability due to character and behavior disorders, as evidenced by
two letters from the Chief, Psychiatry Service.  The Chief, Psychiatry
Service, stated  that  there  was  a  strong  character  and  behavior
disorder of a passive aggressive type with both passive and aggressive
tendencies.  The applicant consulted legal  counsel,  but  waived  his
rights to a hearing before an administrative discharge board  and  did
not submit statements.  He received an honorable discharge on  27  Aug
71 under the provisions of AFM 39-12 (Unsuitability-character-behavior
disorder).  He had completed a total of 5 months and 11 days  and  was
serving in the grade of airman (E-2) at the  time  of  discharge.   He
received  an  RE  Code  of  2,  which  defined  means  "ineligible  to
reenlist.”

On 17 Apr 75, applicant applied to the Air Force Board for  Correction
of Military  Records  (AFBCMR)  for  correction  of  his  reenlistment
eligibility (RE) code, Docket Number SAFCB 75-3887.   His  application
was denied by the Board on 7 Nov 75.  On 10 Nov 75, the applicant  was
notified of the Board’s decision.

Applicant's request to have his RE code changed was denied by the  Air
Force Discharge Review Board (AFDRB) on 8 Aug 75.  A copy of the AFDRB
Hearing Record is appended at Exhibit C.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied.  DPPRS states that
based upon the documentation in the file, the discharge was consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation.  Additionally, the discharge was within the discretion  of
the discharge  authority.   The  applicant  did  not  submit  any  new
evidence or identify any errors or injustices  that  occurred  in  the
discharge processing.  Additionally, he provided no  facts  warranting
an upgrade of his discharge.   The  HQ  AFPC/DPPRS  evaluation  is  at
Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  4
October 2002 for review and response.  As of this  date,  no  response
has been received by this office (Exhibit E).
_________________________________________________________________

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 reviewing the evidence  of
record, we are unpersuaded that the applicant’s records are  in  error
or that he has been the victim of an injustice.  The applicant did not
provide persuasive evidence showing the information in  the  discharge
case file was erroneous, his substantial rights were violated, or that
his commanders abused their discretionary authority.  Therefore, based
on the available evidence of record, we find no basis  upon  which  to
favorably consider 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 10 Mar 03, under the provisions of AFI 36-2603:

                  Mr. David W. Mulgrew, Panel Chair
                  Mr. Laurence M. Groner, Member
                  Mr. Mike Novel, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number 02-02800.

   Exhibit A.  DD Form 149, dated 26 Aug 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFDRB Hearing Record, dated 8 Aug 75.
   Exhibit D.  Letter, HQ AFPC/DPPRS, undated.
   Exhibit E.  Letter, SAF/MRBR, dated 4 Oct 02.




                                   DAVID W. MULGREW
                                   Panel Chair

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