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AF | BCMR | CY2006 | BC-2005-03661
Original file (BC-2005-03661.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03661
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized discharge be changed to an honorable discharge and
his reenlistment eligibility (RE) code be changed to  one  that  would
permit reentry into the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge he was 21 years old and had  learned  his
father was suffering from terminal lung cancer.  He  felt  his  family
needed his help financially.  He recently learned of his ineligibility
to reenlist when he tried to enlist in the Navy Reserve.

In support of his appeal, the applicant has provided  a  copy  of  his
request to the discharge review board (DRB) to change his discharge to
honorable.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 15 October 1997.  His commander
notified him on 27 January 1998 of his intent to discharge  him  based
on entry level performance  or  conduct  as  he  had  failed  to  make
satisfactory progress in a required training  program.   Specifically,
he failed Block II, Aircraft Systems A, examination twice with  scores
of 30% and 42%.  The minimum passing score was 70%.   He  acknowledged
receipt of the notification of intent to discharge on 27 January  1998
and waived his right to counsel and submit statements on  his  behalf.
The discharge authority  approved  the  separation  and  directed  the
applicant be separated with an uncharacterized entry-level  separation
as he had served for less than six months.  He  was  separated  on  30
January 1998 after serving for 3 months and 16 days.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  Based on the documentation on  file,
the discharge was consistent with the substantive requirements of  the
discharge regulation.  The discharge was within the discretion of  the
discharge authority.  DPPRS contends he provided  no  evidence  of  an
error or injustice that occurred during his discharge  processing  and
he provided no facts warranting a change to his character  of  service
or his RE code.

DPPRS’s complete 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 9
December 2005 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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  While we noted the personal issues the  applicant
faced at the time of his discharge, we are also cognizant of the  fact
that he was discharged for twice failing a required Block test  during
technical training  school.   The  RE  code  and  the  uncharacterized
discharge appear to be in compliance with the  governing  AFI  and  we
find no evidence to indicate that the  separation  codes  he  received
from the Air  Force  were  inappropriate.   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 AFBCMR Docket Number BC-
2005-03661 in  Executive  Session  on  16  February  2006,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Maglio, Panel Chair
      Ms. Donna Jonkoff, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Apr 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 5 Dec 05.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Dec 05.




                                   MICHAEL J. MAGLIO
                                   Panel Chair

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