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AF | BCMR | CY2003 | BC-2003-00959
Original file (BC-2003-00959.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00959
            INDEX CODE:  100.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed  to  one  that  will
allow him to enlist in the United States Navy.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He joined the Air Force immediately  following  high  school  and  was
immature.  However, he contends that the Air Force recruiter told  him
that his test scores were high enough that he would  qualify  for  any
computer career field he desired.  He was subsequently assigned  to  a
Ground Radio Maintenance career field.  He was not happy but  contends
that he tried to get through the school.  He further contends that  he
asked the person serving him with discharge  notification  whether  or
not he would be eligible to reenlist.  The person  told  him  that  he
would be able to reenlist as his discharge was  a  General  discharge.
Applicant would like to enlist with the US Navy but cannot because  of
the RE code he was discharged with.

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

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19  September  2001
and attained the grade of Airman (AMN/E-1) with a date of rank  of  15
April 2002.  On 30 April 2002, he received a Letter of Reprimand (LOR)
for not having required paperwork on his person on 4 and 5 April 2002,
and for carrying a cellular phone while in  uniform.   On  5  February
2002, he failed the Block 4 test of his training course.  On 25  April
2002, he failed the Block 3 test of his training course.  On  13  June
2002, he failed  the  Block  5  test  of  his  training  course.   The
applicant was counseled for several other  infractions  including  not
doing homework, needing a  haircut,  improper  wear  of  the  military
uniform, and many others.  On 26 June  2002,  applicant  was  notified
that  he  was  being  discharged  under  the  auspices  of  Air  Force
Instruction (AFI) 36-3208, for  unsatisfactory  duty  performance  and
minor disciplinary  infractions.   The  discharge  was  found  legally
sufficient on     10 July 2002  and  the  applicant  was  subsequently
discharged with a general discharge.  His service characterization was
listed as uncharacterized as the applicant had not completed his first
term of  enlistment.   Probation  and  Rehabilitation  (P&R)  was  not
recommended.  His discharge was effective 18 July 2002,  after  having
served for 10 months.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this application and  recommended  denial.   DPPRS
notes that the basis for the discharge action  against  the  applicant
was numerous counseling’s for failing to make passing grades,  failure
to comply with  AF  standards,  derelict  in  performance  of  duties,
incomplete homework assignments, failure to  comply  with  verbal  and
written instructions, and failure to keep his dorm room clean  and  in
inspection order.  The applicant had 26 incidents of minor infractions
over a 6-month period.  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.   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 C.

AFPC/DPPAE has reviewed this case and verified that the RE code of 2B,
“Separated with a  general  or  under-other-than-honorable-conditions”
discharge, is correct.

DPPAE’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
4 June 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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his uncorroborated assertions of an increase in maturity, in  and
of itself, sufficiently persuasive to override the rationale  provided
by the Air Force.  Additionally, we are not convinced that his  record
of 26 minor infractions over a six-month period  could  be  attributed
solely to immaturity.   Therefore,  we  agree  with  the  opinion  and
recommendation of the Air Force office of primary  responsibility  and
adopt the rationale expressed as the basis for our decision  that  the
applicant has failed to sustain his burden of having  suffered  either
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 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-
2003-00959 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 14 Mar 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 14 Apr 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 2 Jun 03.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Jun 03.




                                   PATRICIA D. VESTAL
                                   Panel Chair

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