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AF | BCMR | CY2003 | BC-2003-02771
Original file (BC-2003-02771.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02771
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from 2B.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code on his discharge papers is unjust or in  error.   He  does
not believe his punishment was fitting to his offense and he  deserves
a second chance.

In support of the appeal, applicant submits a personal statement.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 June 2000.

On 4 December 2000, the commander notified the applicant that  he  was
recommending  a  discharge  for  a  pattern  of   minor   disciplinary
infractions and recommended a general discharge.  Bases for the action
were:  Letter of Reprimand (LOR), 8 November 2000 and 5 October  2000,
for underage consumption of alcohol; LOR, 3 November 2000,  for  using
smokeless tobacco;  LOR,  25  October  2000,  for  failure  to  go  to
appointed duty;  and  LOR,  25  October  2000,  for  failing  to  keep
dormitory room in inspection order and  lying  to  an  noncommissioned
officer.  He received an Article 15 on 14 November 2000 for disorderly
conduct, and Record of Individual Counseling (ROC), 29 September 2000,
for failure to go to appointed place of duty on  time  and  31  August
2000,  for  failure  to  keep  dormitory  room  in  inspection  order.
Applicant waived his right to legal counsel  and  declined  to  submit
statements to his commander.  The base  legal  services  reviewed  the
discharge package and found  it  legally  sufficient  to  support  the
discharge.  Because  efforts  to  improve  his  performance  met  with
negative results,  his  commander  did  not  recommend  probation  and
rehabilitation (P&R).  The Discharge Authority approved the separation
on 12 December 2000 and ordered a general discharge without P&R.

The applicant, while serving in the grade of airman first  class,  was
discharged from the Air Force on 18 December 2000 under the provisions
of AFI 36-3208, Administrative  Separation  of  Airmen  (Misconduct  -
Pattern of Minor Disciplinary Infractions), with  an  under  honorable
conditions (general) discharge.  He served six months and twelve  days
of total active service.  He was assigned a  reenlistment  eligibility
(RE) code  of  2B  (Separated  with  a  general  or  under-other-than-
honorable-conditions (UOTHC) discharge.


_________________________________________________________________

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.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 November 2003, a copy of the Air Force evaluation  was  forwarded
to the applicant for review and response within 30 days.  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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we are not persuaded that the applicant has been  the  victim
of an error or injustice.  At the time members are separated from  the
Air Force, they are furnished an RE code predicated upon  the  quality
of their service and  circumstances  of  their  separation.   After  a
thorough review of the evidence of record, we believe that  given  the
circumstances surrounding the  applicant’s  separation,  the  RE  code
issued was in accordance with the appropriate directives.   Therefore,
we find no basis upon which to  recommend  favorable  action  on  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  in
Executive Session on 17 December 2003, under the provisions of AFI 36-
2603:

                       Mr. David C. Van Gasbeck, Panel Chair
                       Mr. E. David Hoard, Member
                       Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 Aug 03, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 24 Sep 03.
      Exhibit D. Letter, SAF/MRBR, dated 7 Nov 03.




                             DAVID C. VAN GASBECK
                             Panel Chair

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