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AF | BCMR | CY2003 | BC-2003-00431
Original file (BC-2003-00431.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00431
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His  reenlistment  eligibility  (RE)  code  of  2B  be  changed  to
something that will allow him to enter the Air Force.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He made some mistakes while in the service which  he  regrets.   He
now looks back and sees how his life could have been better  if  he
had not made some of those mistakes.

His problems started when he was caught drinking under age, it  was
then that everything started to tumble down on him.  He was offered
an opportunity to cross-train, but he had come into the  Air  Force
to be a 4N and that is what he wanted to be.  So he took  the  easy
way out and decided he would rather be discharged than cross-train.

In support of his appeal, applicant submitted a personal  statement
and two reference letters, one from a nurse administrator  and  the
other from his employer.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  23  Jan  01  for  a
period of four years in the grade of airman basic (AB/E-1).

On  4  Dec   01,   the   squadron   section   commander   initiated
administrative discharge action against the applicant for a Pattern
of Unsatisfactory Performance, Failure to  Progress  in  On-the-Job
Training (OJT), and  Misconduct,  Minor  Disciplinary  Infractions.
The specific reasons for the proposed action were:

On or about 20 Jun 01, while in Phase I of Course  No.  J3AQR4N031,
Medical Service Apprentice, Sheppard AFB, TX, applicant was seen at
the Base Exchange in civilian clothes, in  violation  of  an  order
listed in Appendix C of the 882nd  Training  Guide.   For  this  he
received a letter  of  reprimand  (LOR)  and  establishment  of  an
unfavorable information file (UIF).

On or about 30 Jul 01, he was derelict in the  performance  of  his
duties, by not wearing one of his student  badges  above  his  name
strip, as instructed.

On or about 1 Aug 01, applicant was given permission to  leave  the
unit to pick up airplane tickets at the base terminal.  He was gone
for over two hours and did not call his section.  In addition, upon
returning from the base terminal, he left for lunch  and  was  gone
for over an hour, knowing that this was  not  allowed.   For  these
actions, he received an LOR, which was placed in his existing UIF.

On or about 11 Aug 01, he was derelict in the  performance  of  his
duties in that he willfully failed to refrain  from  consuming  and
possessing alcohol while under the  21  years  of  age.   For  this
misconduct, he received an Article 15.  The Article  15  punishment
imposed on the applicant consisted of reduction  to  the  grade  of
airman basic, with a new date of rank of 19 Oct 01, and 15 days  of
extra duty.

On 29 Sep 01, applicant was disenrolled from Phase II of Course No.
J5ABO4N031-000 at Sheppard AFB, TX, due to his  continuous  pattern
of  misconduct  and  unwillingness  to  abide  by  the  rules   and
regulations set forth by the Air Force.

On or about 1 Nov 01, he failed to report  to  duty  on  time.   He
received a letter of reprimand (LOR).

Applicant acknowledged receipt of the discharge  notification.   On
6 Dec 01, after consulting with  counsel,  he  declined  to  submit
statements in his own behalf.   On  7 Dec  01,  the  medical  group
commander concurred with the discharge action.  On 11 Dec  01,  the
Deputy Staff Judge Advocate found the case file legally  sufficient
to  justify  an   administrative   discharge   for   unsatisfactory
performance, failure to progress  in  OJT,  and  misconduct,  minor
disciplinary infractions and  recommended  that  the  applicant  be
separated  with  a  general   discharge,   without   probation   or
rehabilitation.  On 18 Dec 01, the discharge authority  approved  a
general discharge, without probation and rehabilitation.

On 19 Dec 01, the applicant  was  discharged  under  provisions  of
AFI 36-3208 by reason of misconduct, with service characterized  as
general (under honorable conditions).  He was  given  RE  code  2B,
“Involuntarily  separated  with  a  general  or  under  other  than
honorable conditions discharge.”  He served 10 months, and 27  days
on active duty.

On 15 Nov 02, the Air Force Discharge Review  Board  (AFDRB)  found
that  neither  evidence  of  record,  nor  that  provided  by   the
applicant, substantiated an inequity  or  impropriety  which  would
justify a change in the discharge  (see  AFDRB  Hearing  Record  at
Exhibit B).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial.
They found that the discharge was consistent  with  the  procedural
and  substantive  requirements   of   the   discharge   regulation.
Additionally, that the discharge was within the sound discretion of
the discharge authority.  They also noted that  the  applicant  did
not submit any new evidence or identify any  errors  or  injustices
that occurred in the discharge processing nor did  he  provide  any
facts warranting an upgrade of the discharge.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPAE also reviewed this application and indicated that the
RE code of 2B, “Involuntarily separated with  a  general  or  under
other than honorable conditions discharge” is correct.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to  the
applicant on 16 May 03 for review and comment within 30  days.   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 timely filed.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of error or injustice.   At  the  time  a
member is separated from the Air Force, they are  furnished  an  RE
Code  predicated  upon  the  quality  of  their  service  and   the
circumstances of their separation.  The assigned code reflects  the
Air Force’s position  regarding  whether  or  not,  or  under  what
circumstances,  the  individual  should  be  allowed  to  reenlist.
Applicant’s RE code  of  2B  accurately  reflects  his  involuntary
separation with a general discharge.  After  careful  consideration
of the evidence provided, we are not persuaded that the assigned RE
code is in error or unjust or that an upgrade of  the  RE  code  is
warranted.  We therefore conclude that no basis exists  upon  which
to recommend favorable action on his request that it be changed.

___________________________________________________________________

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 AFBCMR Docket  Number
BC-2003-00431 in Executive  Session  on  2  July  2003,  under  the
provisions of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Mr. James W. Russell III, Member
      Ms. Nancy Wells Drury, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Dec 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 26 Mar 03.
    Exhibit D.  Letter, HQ AFPC/DPPAE, dated 6 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 16 May 03.




                                   ROBERT S. BOYD
                                   Panel Chair

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