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AF | BCMR | CY2005 | BC-2004-03290
Original file (BC-2004-03290.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03290
            INDEX CODE:  110.00, 100.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 APRIL 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation and reenlistment eligibility (RE) code of 2C be changed
to allow enlistment in the military.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not fraudulently enlist in the military.

In support of his request, applicant submits copies of his DD Form 214
and a Department of the Navy Waivers  Handwritten  Statement  (NACRUIT
1133/78).  The applicant’s complete submission, with  attachments,  is
at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his  enlistment  in  the  Regular  Air  Force  on
5 January 1995 for a period of four years.

On 3 February 1995, the applicant received notification  that  he  was
being recommended for discharge due to fraudulent entry.  The  reasons
for this action follow:   (1)   On  18  January  1995,  the  applicant
indicated that he had been involved in four-five fights, theft of  car
radios twice, vandalism, underage drinking and breaking and  entering.
(2)  After contacting his recruiter, the  Recruiting  Service  Liaison
determined the  applicant  did  not  notify  his  recruiter  of  these
incidents.  The applicant acknowledged receipt of the notification  on
3 February 1995.  The applicant waived his option to  consult  counsel
and declined to submit any written statements in his behalf.  The base
legal office reviewed the case and  found  it  legally  sufficient  to
support separation.  On  6  February  1995,  the  discharge  authority
approved the recommended entry level separation.

He received an uncharacterized entry level  separation  on  8 February
1995 under the  provisions  of  AFI  36-3208  (fraudulent  entry  into
military service).  He had completed a total of 3 months and  12  days
of prior inactive service and was serving in the grade of airman basic
(E-1) at the time of separation.  He received an RE Code of 2C,  which
defined means "Involuntarily separated with an honorable discharge; or
entry level separation without characterization of service.”
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant summarized the  information  contained  in
the applicant’s personnel and medical records and is  of  the  opinion
that no change in the  applicant’s  record  is  warranted.   The  BCMR
Medical Consultant states that, on 17 January 1995, the applicant  was
referred for a mental health evaluation because of a reported  history
of alcohol abuse and his motivation  and  attitude  towards  training.
The mental health evaluation diagnosed alcohol abuse  and  maladaptive
personality traits that rendered the applicant unsuitable for military
service, a conclusion also supported by entries in the training record
and recommended administrative discharge.  Details of the BCMR Medical
Consultant’s evaluation are at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  5
October 2005 for review and response.  As of this  date,  no  response
has been received by this office (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.  We are not persuaded  by  the
evidence presented that the entry-level separation characterization or
reenlistment eligibility (RE)  code  received  by  the  former  member
should be changed.  The separation appears to be  in  compliance  with
the governing AFI and  we  find  no  evidence  to  indicate  that  his
separation from the Air Force was inappropriate.  Applicant’s RE  code
accurately reflects the circumstances of his separation.  Having found
no error or injustice with regard to the actions that  occurred  while
the applicant was a military member, we conclude that no basis  exists
to grant favorable action on 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  this  application  in
Executive Session on 14 December 2005, under the provisions of AFI 36-
2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Mr. Wallace F. Beard Jr., Member
                  Ms. Josephine L. Davis, Member

The following documentary evidence was considered in  connection  with
AFBCMR Docket Number BC-2004-03290.

   Exhibit A.  DD Form 149, dated 18 Oct 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  FBI Identification Record.
   Exhibit D.  Letter, BCMR Medical Consultant, dated 4 Oct o5.
   Exhibit E.  Letter, SAF/MRBR, dated 5 Oct 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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