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AF | BCMR | CY2006 | BC-2006-00004
Original file (BC-2006-00004.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00004
            INDEX NUMBER:  110.00
      XXXXXXXXXXXXXXXXX      COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  3 Jul 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed  to  one  that  will
allow him to serve in the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is not saying  his  record  is  “unjust,”  but  he  feels  everyone
deserves a second chance.  He is willing to do anything  necessary  in
order to serve his country.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 14 Jan  03.   On
28 Aug 03, his squadron section commander (CCQ) notified  him  he  was
recommending his discharge from the Air Force for  minor  disciplinary
infractions and also recommending  his  service  be  characterized  as
General (under honorable conditions).

The reasons for the commander’s actions were:

         a.  Applicant  received  an  Article  15  on  9  Jul  03  for
dereliction in the performance of his  duties  in  that  he  willfully
failed to adhere to call to quarters, failed to refrain from riding in
a privately owned vehicle, failed to remain in the appropriate uniform
and failed to remain within the limits of his assigned base.

        b.  Applicant received a letter of reprimand (LOR) on  28  May
03 for falsifying an official form and lying to an NCO.

The applicant acknowledged receipt on the same day, waived  his  right
to military legal counsel, and waived his right to  submit  statements
in his behalf.  The CCQ then recommended to the  Group  commander  the
applicant be discharged for the reasons indicated above  with  service
characterized as General (under honorable conditions).

The Wing Staff Judge Advocate found  the  proposed  discharge  legally
sufficient on 8 Sep 03 and recommended the applicant be discharged  as
indicated above and not be offered probation and  rehabilitation.   On
15 Sep 03, the Group commander directed the  applicant  be  discharged
under the provisions of  AFI  36-3208,  paragraph  5.49  with  service
characterized as General (under honorable conditions).

The applicant was discharged on 16 Sep 03 with  service  characterized
as General (under honorable conditions).  The applicant received an RE
code of “2B,” Separated with a general or  under-other-than-honorable-
conditions (UOTHC) discharge.  On 24 Jun 04, the  applicant  submitted
an application to the Air  Force  Discharge  Review  Board  requesting
upgrade of his General (under honorable conditions) discharge.  On  12
Oct 04, the AFDRB approved an upgrade of the applicant’s character  of
service to honorable.   The  applicant’s  RE  code  changed  to  “2C,”
“Involuntarily separated with an honorable discharge.”

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s request.  Based on the
documentation in the  master  personnel  records,  the  discharge  was
consistent with the procedural and  substantive  requirements  of  the
discharge regulation.  The applicant did not submit  any  evidence  or
identify any errors or  injustices  that  occurred  in  the  discharge
processing and has not provided any facts warranting a change  to  his
RE code.

The 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
20 Jan 06 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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.  Therefore, in the  absence  of  evidence  to  the
contrary, we find no compelling basis to recommend granting the relief
sought in 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-2006-
00004 in Executive Session on 2 March 2006, under  the  provisions  of
AFI 36-2603:

      Ms. Marilyn M. Thomas, Panel Chair
      Mr. James L. Sommer, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Dec 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPRS, dated 13 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Jan 06.




                                   MARILYN M. THOMAS
                                   Panel Chair

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