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AF | BCMR | CY2003 | BC-2003-01122
Original file (BC-2003-01122.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-01122
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXXX                  COUNSEL: NONE

      XXXXXXXXXXXXXX                    HEARING DESIRED:  UNKNOWN

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to enable  him  to  return
to the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He regrets and is sorry for his actions while on active duty.  He has  grown
up and matured these past few months and realizes he  made  a  mistake.   He
would like to return to the military in the Air Force  Reserve  to  fix  his
mistakes and to prove to himself that he can be an asset to  the  Air  Force
and his Country.

In support of his application, the applicant provided a personal  statement;
a copy of his DD Form 293,  Application  for  the  Review  of  Discharge  or
Dismissal from the Armed Forces of the United States; a copy of his DD  Form
214, Certificate of Release or Discharge from Active Duty;  a  copy  of  his
Certificate of Training for completion of Basic  Military  Training;  and  a
personal  reference  letter.   The  applicant’s  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 18 June 2002, the applicant enlisted in the Regular Air Force at the  age
of 19 in the grade of airman basic (E-1) for a period of four years.   On  4
October  2002,  following  his  successful  completion  of  basic   military
training, the applicant was enrolled in technical training.

On 22 October 2002, the applicant received a Letter of Reprimand  (LOR)  for
failure to report for mandatory weekend remedial training.   On  25  October
2002, the applicant received an LOR for wearing civilian clothing  while  in
Phase I training.  On 12 November 2002, the  applicant  received  two  LORs;
one for wearing civilian clothing on 11  November  2002  while  in  Phase  I
training and the second LOR for failure to show for an evening formation  on
12 November 2002.

On 4 December 2002, the applicant’s commander recommended the  applicant  be
discharged for entry  level  performance  or  conduct.   The  applicant  was
advised of his rights to consult counsel and submit a statement in  his  own
behalf.  He waived his rights to consult counsel and to submit  a  statement
on 4 December 2002.  In a legal review of the  discharge  case  file,  dated
9 December 2002, the Deputy Chief Adverse Actions assigned to the  staff  of
the discharge authority, found the file legally sufficient  and  recommended
the applicant be separated from the service with an entry level  separation.
 The discharge authority approved the proposed separation under  AFPD  36-32
and AFI 36-3208, paragraphs 5.24 and  5.22.2,  Entry  Level  Performance  or
Conduct.

On 13 December 2002, the applicant was discharged  with  an  uncharacterized
Entry-Level Separation because of entry-level performance  or  conduct  with
an RE code of 2C and a separation code of JGA.  He had served 5  months  and
26 days on active duty.

Examiner’s note:  RE Code 2C is applied in those cases where the  member  is
involuntarily  separated  with  an  honorable   discharge   or   entry-level
separation.  The separation code is  directly  related  to  the  reason  and
authority for his separation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE  indicated  that  the  reenlistment   code   2C,   “Involuntarily
separated with an honorable discharge; or  entry  level  separation  without
characterization of  service”  was  properly  accessed  to  the  applicant’s
record as he was discharged in accordance with Air  Force  directives.   The
DPPAE evaluation is at Exhibit C.

AFPC/DPPRS  recommends  denial.   The  applicant  did  not  submit  any  new
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge process.  Additionally, he provided no facts warranting  a  change
in his discharge.  The DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  16
June 2003, for review and comment within 30 days (Exhibit E).   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 probable error or injustice.  The applicant  did  not  provide
persuasive evidence showing the  information  in  the  discharge  case  was
erroneous, his substantial rights were violated,  or  that  his  commanders
abused their discretionary authority.  The RE code which was issued at  the
time of the applicant’s separation accurately reflects the circumstances of
his separation and we do not find this code to be in error or  unjust.   In
view of the foregoing, we 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 this application in  Executive
Session on 13 August 2003, under the provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Ms. Marcia Jane Bachman, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. BC-2003-01122:

    Exhibit A.  DD Form 149, dated 6 Apr 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 12 Jun 03.
    Exhibit D.  Letter, AFPC/DPPRS, dated 23 Apr 03.
    Exhibit E.  Letter, SAF/MRBR, dated 16 Jun 03.



                                  BRENDA L. ROMINE
                                   Panel Chair

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