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AF | BCMR | CY2003 | BC-2003-01231
Original file (BC-2003-01231.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01231
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code of 2B reflected on his DD Form 214 was given unjustly.

In support of the appeal, applicant submits a personal statement and a
copy of his  DD  Form  214.   Applicant's  complete  submission,  with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  17  May  1989  for  a
period of 4 years.

On 4 September 1990, the commander notified the applicant that he  was
recommending  a  discharge  for  a  pattern  of   minor   disciplinary
infractions.  He recommended  a  general  discharge.   Basis  for  the
action was an Article 15, dated 1 August 1990, for writing two  checks
to the Base Exchange (BX) with insufficient funds;  and  a  Letter  of
Reprimand (LOR) and placement on the control roster for failure to pay
said debts on 2, 16 and 30 June 1990.   His  commander  counseled  him
because in February 1990 he wrote 14 bad checks to  the  BX.   He  had
numerous incidents of financial mismanagement, all well documented  in
his records.  Additionally, in October 1989, he  received  a  LOR  for
under-aged drinking.  He consulted military legal counsel but declined
to submit statements in his behalf.  The base legal services  reviewed
the discharge package and found it legally sufficient to  support  the
discharge.  Probation and rehabilitation (P&R) were  not  recommended.
The Discharge Authority approved the separation and ordered a  general
discharge without P&R.

The applicant, while  serving  in  the  grade  of  airman  basic,  was
discharged  from  the  Air  Force  on  26  September  1990  under  the
provisions of AFR 39-10 (Misconduct - Pattern  of  Minor  Disciplinary
Infractions) with a general (under  honorable  conditions)  discharge.
He served one year, four months and ten days of total active  service.
He was assigned an RE code of 2B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe the discharge was consistent  with
the  procedural  and  substantive  requirements   of   the   discharge
regulation.  Additionally, the discharge was within the discretion  of
the discharge authority.  Therefore,  they  recommend  denial  of  the
applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

AFPC/DPPAE states that the assignment of the reenlistment  eligibility
(RE) code of 2B “Involuntarily separated with a general or under other
than honorable conditions discharge” is correct.

A complete copy of their evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 June 2003, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response within  30  days.   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 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;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant has not been the victim of an error  or  injustice.   We  do
note that if documentation  is  provided  regarding  his  post-service
activities, in particular, showing that he has  become  a  responsible
citizen and has consistently  demonstrated  the  ability  to  pay  his
debts, his request can  be  reconsidered.   In  the  absence  of  such
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  this  application,  BC-
2003-01231, in Executive Session on 31 July 2003, under the provisions
of AFI 36-2603:

                       Mr. Philip Sheuerman, Panel Chair
                       Mr. James W. Russell, III, Member
                       Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 27 Mar 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 5 May 02.
      Exhibit D. Letter, AFPC/DPPAE, dated 16 Jun 03.
      Exhibit E. Letter, SAF/MRBR, dated 19 Jun 03.




                             BRENDA L. ROMINE
                             Acting Panel Chair

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