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AF | BCMR | CY2005 | BC-2005-00796
Original file (BC-2005-00796.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00796
            INDEX CODE:  100.06
            COUNSEL:  None

            HEARING DESIRED:  Yes

MANDATORY CASE COMPLETION DATE:  7 Sep 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to one  that  allows
reenlistment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He wants to rejoin the Air Force and serve his country  again.   While
in the service, he made some immature and stupid  decisions  regarding
his finances.  He believes he can be a valuable asset  and  would  not
jeopardize his career if he could serve again.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted for a period of four years in the  Regular  Air
Force on 18 Nov 98 and  was  assigned  to  the  50th  Security  Forces
Squadron (50 SFS) at Schriever AFB, CO, as a Response Force Leader.

He received one Enlisted Performance  Report  (EPR)  with  an  overall
rating of 4.

On 27 Jun 00, the applicant received a Letter of Reprimand  (LOR)  for
failing to pay his government VISA account on  26 Jun  00,  and  being
delinquent on his monthly payment  to  the  Army  Air  Force  Exchange
Service on 27 Jun 00.

On 19 Jul 00, he received a Letter of Admonishment (LOA)  for  failing
to go to his  appointed  place  of  duty,  i.e.,  mandatory  financial
counseling.

On 29 Aug 00, the commander  imposed  Article  15  punishment  on  the
applicant for writing bad checks on 27 and 28 May 00, for a  total  of
$200.00 to DFAS-LIDSSN6671, and on 15 Jul  00,  for  $500.00  to  Team
Honda.  Punishment was forfeiture of $200.00 pay  per  month  for  two
months and reduction from airman first  class  to  airman,  which  was
suspended until 28 Feb 01.

On 2 Oct 00, the commander vacated the suspended punishment due to the
applicant’s failure to take the  proper  clothing  for  his  ergometry
test, on 18 Sep 00, and to go to his appointed place of duty on 26 Sep
00.  The applicant was reduced to the grade of  airman  and  forfeited
$200.00 pay for two months.

On 10 Oct 00, the applicant was notified of his commander’s intent  to
recommend a general discharge for the  above-mentioned  offenses.   On
11 Oct 00, the commander recommended  a  general  discharge  based  on
these  offenses.   The  commander  did  not  recommend  probation  and
rehabilitation (P&R) and did recommend the applicant  be  barred  from
the base, based on his negative effects on unit morale and discipline.
 According to the commander’s  recommendation  letter,  the  applicant
acknowledged  receipt  of  the  notification  letter   and   submitted
statements in his behalf on  10  Oct  00.   However,  the  applicant’s
acknowledgement  and  statements  are  not  included  in  his   master
personnel records.

On 11 Oct 00, legal review found the case sufficient for discharge and
recommended the applicant be separated with a general characterization
without P&R.  The discharge authority directed the applicant’s general
discharge for misconduct (minor disciplinary infractions).

The applicant was separated, on 18 Oct 00, with a general discharge in
the grade of airman after 1 year and 11 months of active service.   He
received an RE code of 2B  (Involuntarily  separated  with  either  an
honorable or general characterization of service).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  indicates  the  discharge  was  consistent  with   the
procedural and substantive requirements of the  discharge  regulation,
and was  within  the  discretion  of  the  discharge  authority.   The
applicant  does  not  submit  evidence  or  identify  any  errors   or
injustices with the discharge processing.  No change in his RE code or
character of service is warranted.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 25 Mar 05 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 an error or injustice.  The  applicant’s  contentions
are duly noted; however, we are not persuaded his RE  code  should  be
changed.  At the time members are separated from the Air  Force,  they
are furnished an RE code 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  code  issued  was  in
accordance with the appropriate directives.   The  applicant  has  not
demonstrated to our satisfaction that the basis for his discharge, the
characterization of his  service,  and  the  resultant  RE  code  were
unwarranted.  Therefore, we find no  basis  upon  which  to  recommend
favorable action on this application.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing 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 28 June 2005 under the provisions of AFI 36-2603:

                 Ms. Cathlynn B. Sparks, Panel Chair
                 Mr. Albert C. Ellett, Member
                 Mr. Michael J. Novel, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-00796 was considered:

   Exhibit A.  DD Form 149, dated 2 Mar 05.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 22 Mar 05.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Mar 05.




                                   CATHLYNN B. SPARKS
                                   Panel Chair

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