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AF | BCMR | CY2004 | BC-2004-00087
Original file (BC-2004-00087.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00087
            INDEX NUMBER: 100.06

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of “2C” be upgraded.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His RE code should be upgraded because he only had one or  two  bad/negative
things happen in his six and one-half years of service.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  26
November 1996.   He  was  progressively  promoted  to  the  grade  of  staff
sergeant, with an effective date and date of rank of 1  December  2001.   On
18 June 2003, the commander notified him that he was being  recommended  for
discharge for failure to progress in on-the-job  training.   The  bases  for
the proposed action were that, on or about 2 December  2002,  the  applicant
failed to meet the minimum passing score of 65% on  his  Career  Development
Course (CDC) End of Course (EOC) examination by scoring 50%,  for  which  he
was immediately placed on mandatory two hour study  during  duty  hours  and
was required to write a pretest; on or about  26  February  2003,  he  again
failed to meet the minimum passing score of 65% on his CDC  EOC  examination
by scoring 52%; and that on or about 5 June 2003, a  commander’s  evaluation
was conducted to discuss his second failure of the CDC, at  which  time  the
commander determined he received sufficient direct  supervision  and  formal
training to have passed the EOC.  The commander also cited  that  on  divers
occasions between on or about 9 October 2002 and on  or  about  12  November
2002, applicant was derelict in the performance of his duties  by  willfully
failing to limit his government travel card use to  official  business,  for
which he received an Article 15,  dated  31 January  2003,  resulting  in  a
suspended reduction to the grade of senior  airman  and  14  days  of  extra
duty.  He received an  honorable  discharge  on  21  July  2003,  under  the
provisions of AFI 36-3208  (Unsatisfactory  Performance).   He  completed  a
total of 6 years, 5 months, and 26 days of active service  and  was  serving
in the grade of staff sergeant (E-5) at the time of discharge.  He  received
an RE Code of “2C,” which defined means  "involuntarily  separated  with  an
honorable discharge."

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied and  states,  in  part,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was within the sound  discretion
of the discharge authority and the  applicant  has  not  submitted  any  new
evidence or identified  any  errors  or  injustices  that  occurred  in  the
discharge processing.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 13 February 2004 for review and response within 30 days.  However, 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 error or injustice to warrant upgrading his RE  code.  In  this
respect, we note that the applicant’s discharge appears to be in  compliance
with the governing instruction in effect at the time of his  separation  and
that he was afforded all the  rights  to  which  entitled.  Furthermore,  he
provides no evidence that his  separation  was  inappropriate  or  that  the
assigned RE code reflecting his  involuntary  separation  was  in  error  or
unjust.  There being insufficient evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

_________________________________________________________________

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  Docket  Number  BC-2004-00087
in Executive Session on 1 April 2004, under the provisions of AFI 36-2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Ms. Martha A. Maust, Member
                       Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 11 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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