RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00715
            INDEX CODE:  110.00, 112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  03 SEPTEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His under honorable conditions  (general)  discharge  be  upgraded  to
honorable and his reenlistment eligibility (RE) code of 2B be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He feels the reentry code was too harsh and to the extreme.

In support of the appeal, applicant submits a personal  statement  and
three character references.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  17  June  2003  for  a
period of six years.

On 26 April 2004, applicant’s  commander  notified  him  that  he  was
recommending discharge from the Air Force  for  the  commission  of  a
serious offense.  The commander was recommending applicant receive  an
under honorable conditions (general) discharge based on the following:
 (1) On 19 March 2004,  he  received  an  Article  15  for  unlawfully
hitting an individual in the face with his fist and kicking him in the
chest and or stomach with his foot.  Additionally, he  unlawfully  hit
another  individual  in  the  face  with  his  fist.   The  punishment
consisted of reduction to the grade of  airman  basic,  forfeiture  of
$596.00 pay per month for two months, restriction  to  the  limits  of
Nellis AFB for 45 days, and 45 days of extra duty.  (2)  On  13  April
2004, he received a  Letter  of  Reprimand  (LOR)  for  assaulting  an
individual  at  the  Medical  Group  Support   dormitory.    Applicant
acknowledged receipt  of  the  notification  of  discharge  and  after
consulting with legal counsel submitted statements in his own  behalf.
The  base  legal  office  reviewed  the  case  and  found  it  legally
sufficient  to  support  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 10 May  2004  under  the
provisions  of  AFI  36-3208,  Administrative  Separation  of   Airmen
(misconduct), with an under honorable conditions (general)  discharge.
He had served 10 months and 24 days on active duty.  He was assigned a
reenlistment eligibility code of 2B,  “Separated  with  a  general  or
under other than honorable conditions (UOTHC) discharge”.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states, based on the documentation on file  in  the  master
personnel records, the discharge was consistent  with  the  procedural
and  substantive  requirements  of  the  discharge  regulation.    The
discharge was  within  the  discretion  of  the  discharge  authority.
Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 March 2005, a copy of the Air Force evaluation was forwarded  to
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  believes  his  RE
code  and  general  discharge  are  too  harsh.   The  Board  majority
disagrees.  The  reason  for  initiating  discharge  proceedings  were
against the applicant are well documented in the record.   Other  than
his own assertions, the applicant has provided no evidence  indicating
the  information  in  his  discharge  case  file  is  erroneous,   his
substantial rights were  violated,  or  his  commanders  abused  their
discretionary authority.  In  the  absence  of  evidence  showing  the
contrary, the Board  majority  finds  the  applicant’s  discharge  was
neither erroneous nor unjust.  Furthermore, in view of seriousness  of
his infractions against the good order and discipline of  the  service
and the short period of time that has elapsed  since  his  separation,
the Board majority does not  find  changing  the  applicant’s  records
based on clemency would be appropriate at this time.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 May 2005, under the provisions of AFI 36-2603:

            Mr. Joseph G. Diamond, Panel Chair
            Mr. Charles E. Bennett, Member
            Mr. Michael J. Maglio, Member

By a majority vote, the Board recommended denial of  the  application.
Mr. Michael J. Maglio voted to change the applicant’s RE  code  to  3K
and to deny the applicant’s request for  an  honorable  discharge  but
does  not  desire  to  submit  a  Minority  Report.    The   following
documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 10 May 04, w/athcs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 11 Mar 05.
      Exhibit D.  Letter, SAF/MRBR, dated 18 Mar 05.




                                   JOSEPH G. DIAMOND
                                   Panel Chair






AFBCMR BC-2005-00715





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided substantial evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency