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AF | BCMR | CY2005 | BC-2005-02257
Original file (BC-2005-02257.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
02257
                                             INDEX  CODE:   100.00,
110.02

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  22 DECEMBER 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His separation and reenlistment eligibility (RE) codes be changed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He made a mistake in 1998 and would like the opportunity to correct
it.  He was young and immature when he enlisted in the  Air  Force.
His experience started poorly with not having an opportunity to say
goodbye to his family.   Several  other  incidents  caused  him  to
regret his decision and made him want to get out of the Air  Force.
He decided to do what was necessary to get out.  This  led  to  the
belief by Air Force personnel that he lacked  self-discipline.   He
was aware of his actions and wanted out.  He did not put forth  the
effort to succeed and did not adapt to the military environment.

He believes he should have been  discharged  from  the  Air  Force;
however, he does not deserve a lifetime ban.  He should be  allowed
the opportunity to enlist years later.  It has been over six  years
since this injustice.  He has matured and has  goals  that  he  now
sees through to the end.

He is pursuing a criminal justice degree while  also  working  full
time at a restaurant.  He would like to be  a  police  officer  and
help others.  The Air Force can help him achieve this goal.

In support of his appeal, he submits a letter to the Board,  copies
of his DD Form 214, Certificate of Release or Discharge from Active
Duty, the commander’s discharge notification memorandum,  with  his
Lackland AFB Form 105A, Basic Training Record, and four letters  of
character reference.

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

___________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 16 Sep 98, for a
period of four years in the grade of airman basic.

On 29  Sep  98,  applicant  was  referred  to  Behavioral  Analysis
Services  for  a  mental  health  evaluation.   The  Mental  Health
Evaluation diagnosed Axis I:  Adjustment  Disorder  with  Depressed
Mood, and  Axis  III:   Non-contributory.   No  significant  mental
health problems were found and the applicant was returned to duty.

On 23 Oct 98, the squadron commander notified  the  applicant  that
she was recommending he  be  discharged  from  the  Air  Force  for
unsatisfactory entry level performance or conduct.  The reason  for
the proposed action was his unsatisfactory performance  or  conduct
as summarized on his Lackland AFB Form 105, Basic Training  Record,
which documented the  following:   (1)  Failure  to  adapt  to  the
military environment, (2) Failure to make satisfactory progress  in
a required training program, (3)  Reluctance  to  make  the  effort
necessary to meet Air Force standards of conduct, and (4)  Lack  of
self-discipline.   The  applicant  acknowledged  receipt   of   the
notification on 23 Oct 98 and waived his option  to  consult  legal
counsel and submit statements on his own behalf.  On 28 Oct 98, the
discharge authority approved an entry-level separation.

On 29 Oct 98, applicant  received  an  uncharacterized  entry-level
separation, with separation code JGA (Entry Level  Performance  and
Conduct), and was issued an RE Code of 2C (involuntarily  separated
with an uncharacterized entry level separation).  He served 1 month
and 14 days on active duty.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied and  states,  in
part, 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.

Applicant did not submit any evidence or  identify  any  errors  or
injustices that occurred in the discharge processing.  He  provided
no facts warranting a change to his reenlistment  eligibility  code
or separation code.

Airmen are  given  entry-level  separation/uncharacterized  service
characterization when separation is initiated in the first 180 days
of continuous active service.   The  Department  of  Defense  (DoD)
determined if a member served less  than  180  days  of  continuous
active service, it would be unfair to the member and the service to
characterize their limited service.  Therefore, his uncharacterized
character of service is correct and in accordance with DoD and  Air
Force instructions.

A complete copy of the Air Force evaluation is attached at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 Sep 05, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not 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 error  or  injustice.   After  careful
review of the  evidence  of  record,  it  appears  the  applicant’s
separation was in compliance with the governing instruction and  we
find no evidence to indicate his separation from the Air Force  was
inappropriate.  His assigned RE code and separation code accurately
reflect his uncharacterized involuntary separation for entry  level
performance and conduct.  We find no  evidence  of  error  in  this
case, and after thoroughly reviewing the documentation submitted in
support of applicant’s appeal, we are not  persuaded  that  he  has
suffered an injustice.  Therefore, based on the available  evidence
of record, we find no basis upon which to favorably  consider  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-2005-
02257 in Executive Session on 19 October 2005, under the provisions
of AFI 36-2603:


      Mr. Richard A. Peterson, Panel Chair
      Mr. Wallace F. Beard Jr., Member
      Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 30 Aug 05.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Sep 05.




                                   RICHARD A. PETERSON
                                   Panel Chair

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