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AF | BCMR | CY2004 | BC-2004-00215
Original file (BC-2004-00215.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00215

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code 2B be changed so that he may  reenter
the service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was misinformed or misunderstood when his told him recruiter  that  after
six months he could reenlist and get into a different tech  school.   If  he
had known this was not true, he would not have asked for the discharge.   He
enlisted in the Air Force because he wanted the  experience  and  education,
but most importantly, to serve his country with respect, honor, dignity  and
that has not changed. It is his desire still to do just that.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 3 October 2001 for  a  period
of six years.  Applicant was discharged from the Air Force on 22 March  2002
under the provisions of AFI 36-3208,  Administrative  Separation  of  Airmen
(misconduct - minor disciplinary infractions) with an  RE  code  of  2B  and
service uncharacterized in the grade of airman basic.  He  served  5  months
and 20 days of total active military service.

On 26 Nov 01, he was notified by his  commander  that  he  was  recommending
that he be discharged from the Air Force for misconduct, minor  disciplinary
infractions.  On 29 January 2002, he received a Letter of Reprimand when  he
failed to show up for his  physical  therapy  appointment.   On  31  January
2002, he received a Letter of Reprimand  when  he  failed  to  show  up  for
physical conditioning, failed to show up for accountability, and  failed  to
sign out for his appointment.  On 14 February 2002, he received  an  Article
15 when he failed to go at the time prescribed to  his  appointed  place  of
duty for morning accountability.   Applicant  acknowledged  receipt  of  the
notification of discharge on 5 March 2002 and waived his rights  to  consult
with legal counsel and submit statements in  his  behalf.   The  base  legal
office reviewed the case file and found it  legally  sufficient  to  support
separation.  The discharge authority approved the separation and  ordered  a
general  (under  honorable  conditions)  discharge  without  probation   and
rehabilitation. However, he commander should have  ordered  an  entry  level
separation/uncharacterized service characterization  for  misconduct,  since
applicant served less that 180 days continuous active service.   Applicant’s
DD Form 214 was corrected  to  reflect  that  he  received  an  entry  level
separation and his service was uncharacterized.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial and states the discharge  was  consistent  with
the procedural and substantive requirements  of  the  discharge  regulation,
and was within the discretion  of  the  discharge  authority.   He  did  not
submit any new evidence or identify any errors or injustices  that  occurred
in the discharge processing.

AFPC/DPPRS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A of the Air Force evaluation was forwarded to the  applicant  on   5  March
2004 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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of  error  or  injustice.   After  careful  consideration  of  the
applicant's request and  the  available  evidence  of  record,  we  find  no
evidence of an error or injustice that would warrant  a  change  in  his  RE
code.  In our opinion, given the multiplicity of the offenses  he  committed
against the good order and discipline of the service, and the  short  period
of time in which he served,  the  RE  code  appears  to  be  proper  and  in
compliance with the appropriate directives.  Therefore, in  the  absence  of
persuasive evidence to the  contrary,  we  are  not  inclined  to  recommend
favorable consideration of his request.

_________________________________________________________________

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-2004-00215
in Executive Session on 13 April 2004, under the provisions of AFI 36-2603:

            Mr. Michael K. Gallogly, Panel Chair
                       Mr. James W. Russell, III, Member
                       Ms. Kathleen F. Graham, Member

Ms. Graham and Mr. Russell voted to deny the appeal;  Mr.  Gallogly  recused
himself from voting.

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Dec 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 2 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Mar 04.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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