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AF | BCMR | CY2003 | BC-2003-02689
Original file (BC-2003-02689.doc) Auto-classification: Denied

                             RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02689
            INDEX CODE:       100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed to an  honorable
discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told that he would receive an honorable  discharge  during  his
separation interview.

In support of his request, applicant provided a copy of  his  DD  Form
214, Certificate of Release or Discharge from Active Duty.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 24  September  1991
for a term of 4 years.

On 21 January 1992, he was  notified  of  his  commander’s  intent  to
recommend  that  he  be  discharged  from  the  Air  Force  under  the
provisions of AFR 39-10, Section D, Paragraph  5-22B(3),  (Entry-Level
Performance).  The reason for this action was that he failed to make a
passing score on required training.  He scored 60%, 64%, 69%  and  63%
and the required passing score was 70%.  He was advised of his  rights
in this matter and acknowledged receipt of the  notification  on  that
same date.  He elected to waive his right to consult  counsel.   In  a
legal review of the case file,  the  assistant  staff  judge  advocate
found  the  case  legally  sufficient  and  recommended  that  he   be
discharged  without  probation  and  rehabilitation.    The  discharge
authority concurred with the recommendation and directed  that  he  be
discharged with an entry-level separation.  He  was  separated  on  22
January 1993 after serving three (3) months and twenty-nine (29)  days
on active duty and was issued a reenlistment eligibility (RE) code  of
“2C.”

_____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends   denial.    Airmen   are   given   entry-level
separation/uncharacterized service characterization when separation is
initiated in the first 180 days of  continuous  active  service.   The
applicant did not submit any new evidence or identify  any  errors  or
injustices that occurred in the discharge  processing.   Additionally,
he provided no facts warranting an upgrade of his discharge.

The DPPRS evaluation is at Exhibit C.

AFPC/DPPAT  provides  no   recommendation;   however,   concurs   with
AFPC/DPPAE's recommendation.   The  states  that  data  indicates  the
applicant was declined Montgomery GI  Bill  (MGIB)  enrollment  on  24
September 1991.  He left active duty on 22 January 1992 after  serving
three (3) months and twenty-nine (29) days  on  active  duty  and  was
issued  a  reenlistment  eligibility  (RE)  code  of  “2C”   with   an
uncharacterized entry-level separation.

The DPPAT evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 13 Sep 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. Insufficient relevant evidence has been  presented  to  demonstrate
the existence of an error or injustice.  After a  thorough  review  of
the documentation provided in support of his appeal and  the  evidence
of record, it is our opinion that since the applicant served less than
the required 180 days,  the  type  of  separation  was  correct.   The
comments provided by the Air Force appear to be accurate and we are in
agreement with their recommendation.  Therefore,  in  the  absence  of
evidence to the contrary, we find no basis upon which to  recommend  a
change in his discharge characterization.

_________________________________________________________________

THE BOARD CONCLUDES 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 Docket  Number  BC-2003-
02689 in Executive Session on 21 October 2003, under the provisions of
AFI 36-2603:

                 Ms. Olga M. Crerar, Panel Chair
                 Mr. Roscoe Hinton, Member
                 Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Aug 03 w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 29 Aug 03.
      Exhibit D. Letter, AFPC/DPPAT, dated 4 Sep 03.
      Exhibit E. Letter, SAF/MRBR, dated 12 Sep 03.




      OLGA M. CRERAR
      Panel Chair

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