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AF | BCMR | CY2003 | BC-2003-00624
Original file (BC-2003-00624.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00624
            INDEX CODE:  100.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to  one  that  would
allow enlistment into the Air Force Reserve (AFRES).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was trying to find a way to get out of the service  to  spend  time
with his grandfather and mother after his grandmother died.  They were
a very close family and he felt like his grandfather and mother needed
him to be home.  He spoke with his supervisor and eventually his First
Sergeant.  The First Sergeant recommended  that  he  fail  his  Career
Development Course (CDC) tests as the fastest way to get  out  of  the
service.  The First Sergeant assured the applicant that  he  would  be
honorably discharged.

In support of his appeal,  the  applicant  has  submitted  a  personal
statement.

His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  20  October  1992.
He attained the grade of Airman First Class (A1C/E-3) with a  date  of
rank (DOR) of 20 February 1994.  On  10  August  1994,  the  applicant
received a letter of reprimand (LOR) as punishment for failing  a  CDC
test, refusing to retake the test, and then when ordered to retake the
test, failing the retest.  The applicant was  notified  on  12  August
1994 that he was being recommended for discharge under the auspices of
Air Force Regulation (AFR) 39-10, Unsatisfactory Performance - Failure
to Progress in Training.  The applicant acknowledged  receipt  of  the
discharge notification and consulted counsel but waived his  right  to
submit statements.  On 22 August 1994, the  recommendation  was  found
legally  sufficient  for  honorable  discharge  and  no  probation   &
rehabilitation (P&R).  Applicant was  discharged  effective  29 August
1994, as an A1C after serving 1 year, 10 months, and 10 days.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE has reviewed this case and verified that the RE code of 2C,
“Involuntarily separated with an honorable discharge;  or  entry-level
separation without characterization of service” is correct.

DPPAE’s evaluation is attached at Exhibit C.

AFPC/DPPRS reviewed this case and recommended  denial.   DPPRS  states
that the discharge was consistent with the procedural and  substantive
requirements of the discharge regulation and within the  discretionary
powers of the discharge authority.  They note  the  DRB’s  denial,  in
December 1997, of the application and that the request is not  timely.
No new evidence or any identification of error or injustice  has  been
presented to warrant a change to the discharge.

DPPRS’s complete evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
30 May 2003 for review and comment within 30 days.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the merits of the  case  to
include his statements concerning the  reasons  he  was  involuntarily
separated.  Regardless of the reasons for his failure to complete  the
training, other than his own statement, the applicant has provided  no
evidence to show his  discharge  and  the  corresponding  RE  code  he
received were erroneous or  unjust.   Therefore,  in  the  absence  of
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in 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 AFBCMR Docket Number BC-
2003-00624 in Executive Session on 17 July 2003, under the  provisions
of AFI 36-2603:

      Ms. Patricia D. Vestal, Panel Chair
      Mr. Clarence D. Long, III, Member
      Ms. Sharon Seymour, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Feb 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 5 May 03.
    Exhibit D.  Letter, AFPC/DPPRS, dated 20 May 03.
    Exhibit E.  Letter, SAF/MRBR, dated 30 May 03.




                                   PATRICIA D. VESTAL
                                   Panel Chair

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