RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-04021
            INDEX CODE:  110.00, 100.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  reenlistment  eligibility  (RE)  code  of  2C  be  changed   to   allow
eligibility to enlist in the Air Force Reserves.
_________________________________________________________________

APPLICANT CONTENDS THAT:

The punishment received for his actions was extreme.

Other than the requests for  copies  of  his  DD  Form  214,  no  supporting
documents  were  provided.   The  applicant’s  complete   submission,   with
attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 3 Jul 91.

On 20 Nov  91,  the  applicant  received  notification  that  he  was  being
recommended for  discharge  due  to  minor  disciplinary  infractions.   The
reasons for this action follow:  (a) Failure to report for  detail  (latrine
detail); (b) Letter of Reprimand (LOR)  for  failing  room  inspection;  (c)
Record of Counseling (ROC) for repeatedly falling asleep in class;  (d)  ROC
for  signing  an  unauthorized  guest  into  a  building;  (e)   LOR,   with
Unfavorable Information File (UIF), for having  alcohol  in  his  room;  (f)
Failure to have a flashlight at formation; (g) In  violation  of  AFR  35-10
(needed a haircut); and, (h) Article 15 for wrongfully failing to remain  on
station in  violation  of  a  lawful  general  regulation,  in  addition  to
consuming alcohol while under the legal  age.   The  applicant  consulted  a
lawyer, waived his right to  demand  trial  by  court-martial  and  accepted
nonjudicial punishment.  After considering all  matters  presented  to  him,
the commander found that the  applicant  did  commit  one  or  more  of  the
offenses alleged and imposed punishment consisting of a  $250.00  forfeiture
of pay for two (2) month and seven (7) days of extra  duty.   The  applicant
did not appeal the punishment.

On  20  Nov  91,  the  applicant  acknowledged  receipt  of  the   discharge
notification and waived his right to consult  with  counsel  and  to  submit
written statements in his behalf.  On 20 Nov  91,  the  discharge  authority
approved the recommended separation  and  directed  that  the  applicant  be
issued an entry level separation.

On 21  Nov  91,  the  applicant  received  an  uncharacterized  entry  level
separation under the provisions of AFR 39-10 (entry level performance).   He
had completed a total of 4 months and 19 days and was serving in  the  grade
of airman basic (E-1) at the time of separation.  He received an RE Code  of
2C, which defined means "Involuntarily separated under  AFR  39-10  with  an
honorable discharge; or, entry level separation without characterization  of
service."
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the  application  be  denied.   DPPRS  states  that
airmen   are   given   entry   level   separation/uncharacterized    service
characterization when separation is initiated  in  the  first  180  days  of
continuous active service.  Based upon the documentation in the file,  DPPRS
believes the discharge was consistent with the  procedural  and  substantive
requirements of the discharge regulation.  The HQ AFPC/DPPRS  evaluation  is
at Exhibit C.


HQ AFPC/DPPAE recommends the application be denied.  DPPAE states  that  the
RE Code of 2C is correct.  The HQ AFPC/DPPAE evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  14  Feb
03 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.   The  applicant  did  not  provide  any
evidence showing the information in the discharge case file  was  erroneous,
his substantial rights were violated, or that his  commanders  abused  their
discretionary  authority.   His  separation  was  due  to   a   pattern   of
misconduct.  The RE code  which  was  issued  at  the  time  of  applicant’s
separation accurately reflects the circumstances of his  separation  and  we
do not find this code to  be  in  error  or  unjust.   While  the  applicant
asserts he has matured since his separation, he has provided no evidence  to
substantiate  this  claim  or  attesting  to   a   successful   post-service
adjustment.  We, therefore, conclude that no  basis  exists  upon  which  to
recommend favorable action on 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 this application in  Executive
Session on 29 Apr 03, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Gregory A. Parker, Member
                  Mr. James W. Russell III, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2002-04021.

   Exhibit A.  DD Form 149, dated 3 Dec 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 14 Jan 03.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 10 Feb 03.
   Exhibit F.  Letter, SAF/MRBR, dated 14 Feb 03.




                                   RICHARD A. PETERSON
                                   Panel Chair