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AF | BCMR | CY2004 | BC-2004-01726
Original file (BC-2004-01726.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01726
            INDEX CODE:  112.10
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation code of KND (discharge) be changed to read MND (release  from
active duty) and his reenlistment eligibility (RE) code of 2X be changed  to
1J.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His separation was voluntary.  He had a letter  from  a  potential  civilian
employer stating that if he was released from active duty  military  service
he would be given a position.  He wants to enlist in the Air National  Guard
and serve his country  honorably,  as  he  did  during  his  prior  time  in
service.  He was not aware of the disparaging RE code.  In  support  of  the
application,  the  applicant  submits  his  application.   The   applicant's
complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 10 January 1991, the applicant enlisted in the Regular Air Force  at  the
age of 22 and reenlisted on 24 February 1994 for a period of  4  years.   He
was progressively promoted to the grade of senior  airman  (E-4),  effective
and with a date of rank of 10 November 1992.  On 15 November  1996,  he  was
notified by his commander that he was not being  recommended  for  promotion
to Staff Sergeant because he refused to  comply  with  the  requirements  of
Airman Leadership School (ALS).  On 14 January 1997, he was  denied  receipt
of the Air Force Good Conduct Medal  for  the  period  of  4  November  1996
through 15 November 1996.

The following is a  resume  of  his  Enlisted  Performance  Reports  (EPRs),
commencing with the report closing 29 September 1992.

      PERIOD ENDING    PROMOTION RECOMMENDATION

      29 Sep 1992            5
      29 Sep 1993            4
      29 Sep 1994            4
      15 May 1995            5
      15 May 1996            3
      30 Apr 1997            3


On 21 January 1997, the applicant was not recommended  for  reenlistment  by
his supervisor because he refused to  comply  with  ALS  requirements.   The
applicant’s commander concurred  with  the  supervisor’s  requested  action.
The applicant elected not to appeal this action.

On 1 August 1997, the applicant was discharged from the Air Force under  the
provisions   of   AFI   36-3208,   Administrative   Separation   of   Airmen
(miscellaneous/general reasons) with an honorable  discharge,  a  separation
code of KND and an RE code of 2X (first term second term airman,  or  career
airman considered by not selected for reenlistment under the SRP).   He  had
served 6 years, 6 months, and 22 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS states the discharge and  separation
code are consistent with the procedural and substantive requirements of  the
discharge  regulation.   DPPRS  opines  the  separation   was   within   the
discretion of the discharge authority, and  separation  code  and  narrative
reason for separation are  correct.   DPPRS  notes  the  applicant  did  not
submit any evidence or identify any errors or injustices  that  occurred  in
the discharge processing, nor did he provide any facts warranting  a  change
to his separation or RE code.

DPPRS states a Records  Transmittal  Request  on  file  indicates  applicant
submitted an Airman’s  Request  for  Early  Separation/Separation  Based  on
Change in Service Obligation; however, the request is not  on  file  in  the
applicant’s master personnel records.  The applicant’s voluntary request  to
separate effective 1 August 1997  was  approved.   DPPRS  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment on 25 June 2004.   As  of  this  date,  this  office  has
received no response (Exhibit D).

_________________________________________________________________

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 warranting  changes  to  the  applicant’s
reenlistment code and narrative  reason  for  his  separation.   Applicant’s
contentions  are  duly  noted;  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  RE  and
separation  codes  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  and  separation  codes  issued  were   in
accordance  with  the  appropriate  directives.   Absent  evidence  by   the
applicant showing the contrary, we find no basis to favorably  consider  his
request.
_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 4 December 2004, under the provisions of AFI 36-2603:

           Ms. Marilyn M. Thomas, Vice Chair
           Ms. B. J. White-Olson, Member
           Mr. Gregory A. Parker, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2004-01726:

     Exhibit A.  DD Form 149, dated 8 Apr 04.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 18 Jun 04.
     Exhibit D.  Letter, SAF/MRBR, dated 25 Jun 04.





                                  MARILYN M. THOMAS
                                  Vice Chair

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