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AF | BCMR | CY2003 | BC-2002-03103
Original file (BC-2002-03103.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03103
            INDEX CODE:  100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so  that  he  may  reenter
the service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He takes full responsibility for his irresponsible actions while he  was  an
airman.  He asks that his RE code  be  changed  so  that  he  may  join  the
military once again to prove to himself, his family, and  his  country  that
he is capable  of  such  responsibility.   Furthermore,  he  wishes  for  an
opportunity to serve the country against all enemies, foreign and domestic.

In support of his request, applicant provided a copy of  his  DD  Form  214,
Certificate  of  Release  or  Discharge  from  Active  Duty.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  8  Apr  98  and   was
progressively promoted to the grade of senior airman.  On 26 Nov 01, he  was
notified by his commander that he was recommending  that  he  be  discharged
from the Air Force under the provisions  of  AFPD  36-12  and  AFI  36-3208,
paragraph 5.50.2.  The specific reasons for his action was that  on  18  Nov
99, he was cited for speeding on base; on 23 Aug 00, he  received  a  Letter
of Counseling (LOC) for failure to go to a mandatory appointment; on 13  Oct
00, he received a Letter of Admonishment for failure to pay a just debt;  on
31 Jan 01, he received an LOC for failure to go to his  appointed  place  of
duty; on 13 Feb 01, he received a Letter of Reprimand (LOR) for  failure  to
go to his appointed place of duty; on 24 Mar 01,  he  received  an  LOR  for
operating his vehicle and another airman's vehicle in an unsafe  manner  and
making false statements to his first sergeant; on 16  Oct  01,  he  received
nonjudicial punishment under Article 15 of the Uniformed  Code  of  Military
Justice for failure to obey a lawful order, in which he was reduced  to  the
grade of airman first class, ordered to  forfeit  $100.00  of  his  pay  per
month for 2 months, restricted to the limits of the base  for  15  days  and
ordered to perform 15 days extra duty; on 16 Nov 01, he received Article  15
punishment for leaving his appointed place  of  duty  on  several  occasions
without authority, he was reduced to the grade or airman.   He  acknowledged
receipt of the notification on that same date and submitted a  statement  on
his own behalf.  In a  legal  review  of  his  case  the  wing  staff  judge
advocate found the case legally sufficient.  The  applicant  was  discharged
on 13 Dec 01, with a general (under  honorable  conditions)  discharge.   He
was assigned RE code 2B (Involuntarily separated with  a  general  or  under
other than honorable conditions discharge).  He served 3  years,  8  months,
and 6 days on active duty.

The following is a resume of his Enlisted Performance Report ratings:

      PERIOD ENDING          PROMOTION RECOMMMENDATION

            01 Aug 01        3 - Referral Report
            07 Dec 00        3
            07 Dec 99        5

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  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 recommends denial. DPPAE states that  his  RE  code  is  correct.
The DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  14
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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   After  careful  consideration  of  the
applicant's request  and  the  available  evidence  of  record,  we  see  no
evidence of an error or injustice that would warrant  a  change  in  his  RE
code.  In our opinion, given the multiplicity of the offenses  he  committed
against the good order and discipline of the service, and the  short  period
of time in which he served, the decision to administratively  discharge  him
from the Air Force and the RE code that he was assigned, were proper and  in
compliance with the appropriate directives.  Therefore, in  the  absence  of
persuasive evidence to the contrary,  we  are  not  compelled  to  recommend
favorable consideration of his request.

_________________________________________________________________

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  02-03103  in
Executive Session on 26 Mar 03, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. James W. Russell III, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 4 Nov 02.
    Exhibit D.  Letter, AFPC/DPPAE, dated 3 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 14 Feb 03.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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