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AF | BCMR | CY2005 | BC-2004-03533
Original file (BC-2004-03533.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03533
            INDEX CODE:  110.02

      XXXXXXXXXXXX     COUNSEL: NONE


      XXXXXXXXXXXX     HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be  changed  to  allow  him  to
rejoin the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code does not match his honorable discharge.

In support of his request, the applicant submitted a copy  of  his  DD
Form 214, Certificate of Release or Discharge from Active Duty.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 20 January 1989.

On  3  February  1989,  he  received   an   Article   15   for   false
representations that he engaged in homosexual acts prior to enlistment
when in fact he did not engage in such acts, in an attempt to  procure
himself a separation from the Air Force.

He was charged with larceny of a  wallet  of  a  value  of  less  than
$100.00 on or about 25 January 1990, the property of  another  airman;
larceny of $150.00 on or  about  26  January  1990,  the  property  of
another airman and larceny of $80.00 on or about 27 January 1990,  the
property of another airman.

He pleaded guilty and a special court-martial convicted the  applicant
of 3 specifications of larceny.  He was sentenced  to  a  bad  conduct
discharge, confinement of four months, forfeiture of $200.00  pay  per
month for four months and reduced to airman  basic.   On  26  November
1990, applicant was separated per Special Court-Martial  Order  Number
2, with a bad conduct discharge.  He served 1 year,  1  month  and  24
days total active service.

On 21 June 2000, the applicant submitted an  application  to  the  Air
Force  Discharge  Review  Board  (DRB)  requesting  his  bad   conduct
discharge be upgraded to honorable.  On 15 July 2003, the DRB reviewed
the evidence of record and based on clemency directed the  applicant’s
narrative reason for separation be changed to “Secretarial  Authority”
and his character of service changed to honorable.  (Exhibit B)

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon  the  documentation  in  the
master  personnel  record,  the  discharge  was  consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
The discharge was within the discretion of  the  discharge  authority.
Applicant was involuntarily separated with an honorable discharge  and
the reenlistment eligibility code 2C “Involuntarily separated with  an
honorable   discharge;   or    entry    level    separation    without
characterization of service” is the correct code.  He has provided  no
facts warranting a change to his RE code.

The 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  on
10 Dec 04, 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 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 error or injustice.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that relief is  warranted.   We  note  that  as  an  act  of
clemency the Air Force Discharge Review Board upgraded  his  discharge
to honorable and  changed  the  narrative  reason  for  separation  to
secretarial authority.  The Board also notes that the applicant  plead
guilty to larceny charges, was convicted by  a  special  court-martial
and was involuntarily separated.  Based on the evidence of record,  we
believe the RE code assigned to the applicant  properly  reflects  his
involuntary discharge.  Therefore, in the absence of evidence  to  the
contrary, we find no basis upon which to recommend favorable action on
this application.
____________________________________________________________

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-
03533 in Executive Session on 13 January 2005, under the provisions of
AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jan Mulligan, Member
                 Mr. Gary G. Sauner, Member


The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Nov 05, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 2 Dec 04.
      Exhibit D. Letter, SAF/MRBR, dated 10 Dec 04.




      RICHARD A. PETERSON
      Panel Chair

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