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AF | BCMR | CY2003 | BC-2003-02502
Original file (BC-2003-02502.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02502
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His ineligibility for reenlistment be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During an active duty tour while serving in the Air Force  Reserves  he  was
involved in an incident involving  possession  of  his  gun  on  a  military
installation.   He  was  returned  to  his  Reserve  unit  and  administered
nonjudicial punishment.  He told his commander that he  wanted  to  go  into
the Army.  He told him that he would give him  an  administrative  discharge
and that he could do whatever he wanted to do after that.  The  only  reason
he got out of the Reserves was so that  he  could  go  into  the  Army.   He
attempted to go into the Army but could not because  he  was  ineligible  to
reenlist.

In  support  of  his  request,  applicant  provided  a  personal  statement,
documentation associated with his discharge from the Reserves,  and  Request
for Reference letters.  His complete submission,  with  attachments,  is  at
Exhibit A

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in  the  Air  National  Guard  on  21  Apr  94.   He  was
discharged from the ANG on 30 Nov  97  and  transferred  to  the  Air  Force
Reserves on 1 Dec 97.  He was progressively promoted to the grade of  senior
airman.

On 12 Jul 98, applicant was notified by  his  commander  of  his  intent  to
impose nonjudicial punishment under Article  15,  of  the  Uniform  Code  of
Military Justice (UCMJ) for carrying a concealed weapon.  He was advised  of
his rights in this matter and after consulting counsel; he waived his  right
to demand trial by court  martial,  accepted  Article  15  proceedings,  and
provided a written  presentation  to  the  commander.   On  2  Aug  98,  the
commander found that he did commit one or more of the offenses  alleged  and
imposed punishment on him consisting of reduction in grade to  the  rank  of
airman first  class.   Applicant  elected  not  to  appeal  his  Article  15
punishment.

On 18 Jun 99, applicant was discharged from the  Air  Force  Reserves  under
the provisions of AFI 36-3209, for misconduct.   He  was  issued  a  general
(under honorable  conditions)  discharge  with  a  reenlistment  eligibility
status of "ineligible".

_________________________________________________________________

AIR FORCE EVALUATION:

AFRC/DPM recommends denial.  DPM states that the applicant offers  no  proof
that there was an error or injustice in the manner in  which  his  case  was
handled.  He was afforded the opportunity to challenge the evidence  against
him during his nonjudicial punishment proceedings and chose not to do so.

The DPM evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 29  Aug
03 for review and comment 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an  injustice  that  would  warrant  corrective  action.   Even
though we are not persuaded by the evidence provided that the actions  taken
to effect his separation  were  improper  or  not  in  compliance  with  the
appropriate regulations, it is our opinion that correction of  his  RE  code
to a waiverable  code  is  warranted.   In  this  respect,  his  nonjudicial
punishment, which predicated the decision to administratively discharge  him
from the Reserves, appears to be based upon an isolated incident.  Based  on
the documentation provided in support of  his  appeal,  it  further  appears
that during his enlistment he served his country honorably  and  faithfully.
Thus, we believe that a good probability exists  that  he  may  be  able  to
provide effective and meaningful service to our nation as a  member  of  the
armed services.  Whether or not he is successful will depend on his  ability
to meet current standards and the needs of the service.  Our  recommendation
in no way guarantees that he will be allowed to  return  to  any  branch  of
service.  Therefore, we recommend that  his  records  be  corrected  to  the
extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on 18 June  1999,  he  was  separated
with a reenlistment eligibility status of "Eligible."

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
02502 in Executive Session on 1 Oct 03, under  the  provisions  of  AFI  36-
2603:

      Mr. Frederick R. Beaman III, Panel Chair
      Mr. Michael J. Maglio, Member
      Mr. Michael K. Gallogly, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Jul 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFRC/DPM, dated 14 Aug 03.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Aug 03.




                             FREDERICK R. BEAMAN III
                                             Panel Chair

AFBCMR BC-2003-02502




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 18 June 1999, he was
separated with a reenlistment eligibility status of "Eligible."






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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