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AF | BCMR | CY2004 | BC-2003-03160
Original file (BC-2003-03160.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03160
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE)  code  be  changed  from  2C  (involuntary
separation with honorable discharge) to enable him to be reinstated.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He tried his best to show a positive attitude  and  good  conduct  while  on
active duty and wishes to be reinstated.

In support  of  his  application,  the  applicant  provides  copies  of  his
notification of discharge recommendation,  his  response  to  the  discharge
notification, and  his  discharge  certificate.   The  applicant’s  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 25 November 2002, the applicant enlisted in the Regular Air Force at  the
age of 23 in the grade of airman basic (E-1) for a period of six years.

On 25 March 2003, the applicant was recommended for disenrollment  from  Air
Transportation   Apprentice   technical   training   after   failing   three
consecutive blocks of instruction.  The  applicant  was  then  entered  into
training for the Aerospace Medical Service Apprentice career field.   On  10
June 2003, the applicant was disenrolled from  training  after  failing  two
progress checks.  On 2 July 2003, his commander notified the applicant  that
he was being recommended for discharge due  to  unsatisfactory  performance.
On 8  July  2003,  after  consulting  counsel,  the  applicant  submitted  a
statement in his  own  behalf.   On  10  July  2003,  the  Squadron  Section
Commander signed a recommendation for the  applicant’s  discharge  based  on
unsatisfactory performance.  On 15 July 2003, the recommendation  was  found
to be legally sufficient by the Staff Judge Advocate.  On 24 July 2003,  the
discharge authority approved the discharge under the provisions of  AFI  36-
3208,  paragraph  5.26.1,  finding  the  applicant  unsuitable  for  further
military service.  The applicant was honorably discharged effective 28  July
2003 with a separation code JHJ (unsatisfactory performance) and  a  reentry
code of 2C (involuntarily separated with an honorable  discharge).   He  had
served eight months and four days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states that the  applicant’s  discharge
was consistent with the  procedural  and  substantive  requirements  of  the
discharge regulation and was within the sound discretion  of  the  discharge
authority.  The applicant did not  provide  any  evidence  or  identify  any
errors or injustices that occurred in  the  discharge  process.   The  DPPRS
evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant  on  7
November 2003 for review and response (Exhibit D).  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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.  The  applicant  did  not  provide
persuasive evidence showing the information in the discharge case  file  was
erroneous, his substantial rights were  violated,  or  that  his  commanders
abused their discretionary authority.  The RE code which was issued  at  the
time of the applicant’s separation accurately reflects the circumstances  of
his separation and we do not find this code to be in error  or  unjust.   In
view of the foregoing, we conclude  that  no  basis  exists  upon  which  to
recommend favorable action on his request that it be changed.

_________________________________________________________________

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 30 January 2004, under the provisions of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. Michael J. Maglio, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-03160:

    Exhibit A.  DD Form 149, dated 14 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 3 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Nov 03.



                                   WAYNE R. GRACIE
                                   Panel Chair

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