RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01972
                       INDEX CODE:  110.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant requests his reenlistment eligibility (RE) code  be  changed
to allow him to reenlist into the Air Force (AF).

_________________________________________________________________

APPLICANT CONTENDS THAT:

His immaturity and personal issues contributed to his misconduct.   He
had to learn the hard way and took his  enlistment  for  granted.   He
would appreciate the opportunity to continue to serve  and  desires  a
second chance.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 January 2002  for  a
period of four years.

On 29 July 2002, the applicant’s commander notified the applicant  of
his intent to recommend him for discharge for Entry Level Performance
or Conduct.  The specific reasons for the discharge action were:

      a.  On 22 April 2002,  the  applicant  was  late  for  physical
conditioning; as a result of this misconduct the  applicant  received
an AETC Form 341  (Excellence/Discrepancy  Report),  dated  22  April
2002.

      b.  On 23 April 2002, the applicant fell asleep twice in  class
and was chewing gum; as a result of  these  offenses,  the  applicant
received an AETC Form 173  (Student  Record  of  Academic/Nonacademic
Counseling and Comments), dated 23 April 2002.

      c.  On 3  May  2002,  the  applicant’s  conduct  in  class  was
inappropriate by using profanity, consistently asking questions  that
had no relevance to the topic and making inappropriate comments which
disrupted the class.  For this misconduct the  applicant  received  a
Student Record of Academic/Nonacademic Counseling and Comments  (AETC
Form 173), dated 3 May 2002.

      d.  The applicant, on or about 10 May 2002, violated  a  lawful
regulation under Article 92, UCMJ, by renting a hotel room.  For this
offense the applicant received an AETC  Form  341  and  a  Letter  of
Reprimand (LOR), dated 11 May 2002.

      e.  The applicant, on 23 May 2002, pulled on a door by  yanking
on it and got in the face of and yelled at an Airman and  refused  to
give him a AETC Form 341.  As a result of this offense, the applicant
received an Excellence/Discrepancy Report (AETC Form 341),  dated  23
May 2002.

      f.  The applicant, on 31 May 2002, made  offensive  comments  to
another airman in the presence of other military personnel.  For  this
misconduct the  applicant received an AETC  Form  173,  dated  31  May
2002.

      g.  The applicant, on 31 May 2002, in violation of  Article  92,
UCMJ, was derelict in the  performance  of  his  duties  by  consuming
alcohol while under the legal age of  21.   For  this  misconduct  the
applicant received an Article 15, dated 17 June 2002, with  punishment
consisting of forfeiture of $257.00, 14 days of extra duty, of which 7
days were suspended, and a reprimand.

      h.  On 6 June 2002, the applicant failed to perform his  detail;
as a result of this incident, the applicant received an AETC Form 341,
dated 6 June 2002.

      i.  The applicant was verbally counseled on 10  June  2002,  for
taking an unauthorized break from the classroom.  On 12 June 2002, the
applicant demonstrated unprofessional conduct  and  lack  of  military
bearing by laughing at a fellow student and  fell  asleep   twice   in
class.  He  received an AETC Form 173, dated 10 and 12 June 2002.

      j.  The applicant, on 11 June 2002, broke Phase 1  by  loitering
at the mini-mall in his physical conditioning clothes and did not have
an AETC Form 341 on him.  He received an AETC Form 341 dated, 11  June
2002.

      k.  The applicant was formally reprimanded and received an  AETC
Form 173 on 25 June 2002 for exhibiting a lack of military bearing.

      l.  The applicant, on 3 July 2002, received an  AETC  Form  173,
dated 3 July 2002 for being involved in horseplay in the breakroom.

The commander advised applicant of his right to consult legal counsel,
submit statements in his own behalf, or waive the above  rights  after
consulting with counsel.

On 29 July 2002, after consulting with counsel, applicant  waived  his
right to submit a statement.

A legal review was conducted in August 2002 in which the staff judge
advocate recommended the applicant be separated with an entry  level
separation.

On 6 August 2002, the discharge authority approved  the  applicant’s
entry level discharge.

On 13 August 2002, the applicant while serving in the grade of  airman
basic was separated from the Air Force under the provisions of AFI 36-
3208 for entry level performance and conduct with  an  uncharacterized
entry level separation.  He served 6 months  and  14  days  of  active
military service.  He was issued an RE code of 2C which denotes he was
involuntarily separated with an honorable discharge,  or  entry  level
separation without characterization of service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that based upon the documentation in the applicant's
records, they believe his discharge was consistent with the procedural
and substantive requirements of the discharge regulation.   Also,  the
discharge was within the sound discretion of the discharge authority.

Air  Force  policy  is  that  entry-level  separations/uncharacterized
service characterizations are given to service members  who  have  not
completed more than  180  days  of  continuous  active  service.   The
Department of Defense (DOD) determined if a service member served less
than 180 days of active service, that it would be unfair to the member
to characterize that service.  The applicant's uncharacterized service
is correct and in accordance with DOD and AFIs.   The  uncharacterized
separation should not be viewed as negative and not be  confused  with
other types of separations.

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

AFPC/DPPAES states the applicant received a  reenlistment  eligibility
code of "2C," indicating the member was involuntarily  separated  with
an  honorable   discharge,   or   entry   level   separation   without
characterization of service, which is correct (Exhibit D).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
5 September 2003, for review  and  response.   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  concerning  the  applicant’s
reenlistment eligibility (RE) code.  The applicant’s  contentions  and
the letters submitted in  support  of  his  request  are  duly  noted;
however, it appears that the RE code which was issued at the  time  of
his  separation  accurately  reflects   the   circumstances   of   his
separation.   The  applicant  has  not  provided  persuasive  evidence
showing that the assigned code is in error or unjust  or  contrary  to
the prevailing instruction.  Therefore, we conclude there is no  basis
upon which to recommend favorable action on his request to the  change
RE code.

_________________________________________________________________

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-
2003-01972 in Executive Session on 7 October 2003 under the provisions
of AFI 36-2603:

                       Mr. Robert S. Boyd, Panel Chair
                       Ms. Leslie E. Abbott, Member
                       Mr. John B. Hennessey, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, 17 Jun 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPRS, dated 9 Jul 03.
      Exhibit D. Letter, HQ AFPC/DPPAE, dated 13 Aug 03.
      Exhibit E. Letter, SAF/MRBR, dated 5 Sep 03.




                             ROBERT S. BOYD
                             Panel Chair