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AF | BCMR | CY2003 | BC-2002-02938
Original file (BC-2002-02938.doc) Auto-classification: Denied

                             RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02938
            INDEX CODE:       100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to  one  that  would
allow him to enlist in the Air National Guard.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not expect to be separated from the Air  Force  for  failing  a
couple of tests.  He feels that he deserves a second chance and  would
like to serve in the Air National Guard.

In support of his request, applicant provided a personal statement,  a
letter from his parents, a letter from DeVry University, and a  letter
from a Texas Air National Guard Recruiter.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  19  February  2002
for a term of 4 years.

On 17 May 2002, he was notified of his commander’s intent to recommend
that he be discharged from the Air Force under the provisions  of  AFI
36-3208, Administrative Separation of Airmen, (Entry-Level Performance
and Conduct).  The reason for this action was that he failed to make a
passing score on required training.  He scored 50%  and  48%  and  the
required passing score was 70%.  He also  failed  to  qualify  on  the
M16A2  weapon.   He  scored  10  and  the  passing   score   was   25.
Additionally, he failed to show for mandatory retesting  on  22  April
and 3 May 2002.  He was advised of  his  rights  in  this  matter  and
acknowledged receipt of  the  notification  on  that  same  date.   He
elected to waive his right to consult counsel.  In a legal  review  of
the case file, the assistant  staff  judge  advocate  found  the  case
legally sufficient and  recommended  that  he  be  discharged  without
probation and rehabilitation.   The discharge authority concurred with
the recommendation and directed that he be discharged with  an  entry-
level separation.  He served 5 months and 17 days on active  duty  and
was issued an RE code of “2C.”

_____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends   denial.    Airmen   are   given   entry-level
separation/uncharacterized service characterization when separation is
initiated  in  the  first  180  days  of  continuous  active  service.
Therefore, his uncharacterized character of service is correct and  in
accordance with Department of Defense and Air Force instructions.   An
entry-level/uncharacterized  separation  should  not  be   viewed   as
negative and should not be confused with other  types  of  separation.
The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.    Based on the review of his case file,
his 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:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 28 Feb 03, 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.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of  an  error  or  injustice  to  warrant  changing  his
reenlistment eligibility (RE) code.  Evidence has not been provided in
support of his appeal, which would lead us to believe that a change to
his RE code is warranted.  It is our opinion, that his uncharacterized
character of service was  proper  and  in  compliance  with  governing
directives.  Therefore, we agree with the opinion  and  recommendation
of the Air Force office of  primary  responsibility  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 persuasive evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.

_________________________________________________________________

THE BOARD CONCLUDES 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  BC-2002-
02938 in Executive Session on 9 April 2003, under  the  provisions  of
AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Billy C. Baxter, Member
                 Ms. Martha Maust, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 23 Dec 02 w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 16 Jan 03.
      Exhibit D. Letter, AFPC/DPPAE, dated 20 Feb 03.
      Exhibit E. Letter, SAF/MRBR, dated 28 Feb 03.




      MICHAEL K. GALLOGLY
      Panel Chair

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