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AF | BCMR | CY2005 | BC-2005-00579
Original file (BC-2005-00579.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-00579
                                        INDEX CODE:  112.00

                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  21 AUGUST 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2B be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for unruly decisions  and  feels  he  deserves  the
right for further employment opportunities at the civilian level  for
personal fulfillment.

Applicant did not provide any documents in support of the appeal.

Applicant's complete submission, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 26 April  2000  for  a
period of six years.  He received three Enlisted Performance  Reports
(EPRs) closing 25 December 2001, 25 December 2002 and 25 May 2003, in
which the overall evaluations were “4,” “3,” and “4.”

On 4 September 2003, applicant’s commander notified him that  he  was
recommending  him  for  discharge  from  the  Air  Force  for   minor
disciplinary  infractions.   The  commander   recommended   applicant
receive an under honorable conditions (general)  discharge  based  on
the following.  Three Records of  Individual  Counseling  (ROCs)  for
failure to go to his appointed place of duty.  An Article 15 dated  7
May 2002, for operating a vehicle while the alcohol concentration  in
his breath was 0.10 grams of alcohol per  210  liters  of  breath  or
greater.  Punishment consisted of reduction to the grade  of  airman,
forfeiture of $200.00 pay per month for two months, suspended until 6
November 2002, after which time it will be remitted  without  further
action, unless sooner vacated.  An Article 15 dated 10  August  2003,
for  dereliction  in  the  performance  of  his  duties  in  that  he
negligently failed to have the applicable  technical  order  in  hand
while performing an aileron actuator  removal  and  installation  and
failure to obey a lawful order to  wear  proper  personal  protection
equipment while  performing  his  duties.   Punishment  consisted  of
reduction to the grade of airman basic.  Four  Letters  of  Reprimand
(LORs), one for failure to report for weekend  duty,  and  three  for
failure to go to his appointed place of duty.

The applicant acknowledged receipt of the notification  of  discharge
and after consulting with legal counsel he  submitted  statements  in
his own behalf.  The base legal office reviewed the case and found it
legally  sufficient  to  support  the  separation   and   recommended
applicant be discharged with an under honorable conditions  (general)
discharge  without  probation  and  rehabilitation.   The   discharge
authority approved the separation  and  directed  that  applicant  be
discharged with an under  honorable  conditions  (general)  discharge
without probation and rehabilitation.

Applicant was separated from the Air Force on 24 September 2003 under
the provisions of AFI 36-3208, Administrative  Separation  of  Airmen
(misconduct), with an under honorable conditions (general) discharge.
 He had served 3 years, 4 months and 29  days  on  active  duty.   He
received a reenlistment eligibility code of  2B,  “Separated  with  a
general or under other than honorable conditions (UOTHC) discharge.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  states  that  the  discharge  was  consistent  with   the
procedural and substantive requirements of the discharge  regulation.
The discharge was within the discretion of the discharge authority.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 March 2005, a copy of the Air Force evaluation was forwarded  to
the applicant for review and response within 30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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.  The applicant’s RE code had its
basis in his involuntary  discharge  for  misconduct.   There  is  no
indication in the evidence  provided  that  the  information  in  the
discharge case  file  was  erroneous,  his  substantial  rights  were
violated or his commander’s abused their discretionary authority.  In
the absence of such evidence, the applicant’s request for a change to
his RE code is not favorably considered.

_________________________________________________________________

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 17 May 2005, under the  provisions  of  AFI  36-
2603:

                 Ms. B. J. White-Olson, Panel Chair
                 Ms. Patricia R. Collins, Member
                 Ms. Janet I. Hassan, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 9 Feb 05.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 28 Feb 05.
      Exhibit D.  Letter, SAF/MRBR, dated 4 Mar 05.




                             B.J. WHITE-OLSON
                             Panel Chair

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