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AF | BCMR | CY2006 | BC-2006-00164
Original file (BC-2006-00164.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00164
            INDEX CODE:  100.03, 100.05
            COUNSEL:  NONE
            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 21 Jul 07

________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons for his discharge were two Letters of Reprimand (LOR),  one  for
sleeping on duty and one for carrying  tobacco  in  uniform.   His  complete
submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 21 Jun 05.  On 16 Nov 05,  he
was notified by his commander that he  was  recommending  he  be  discharged
from the Air Force under the provisions  of  AFI  36-3208,  for  entry-level
performance and conduct, specifically, minor disciplinary infractions.   The
basis for the recommendation were (1) on 14 Oct 05, he received an  LOR  for
having in his  possession  cigarettes,  tobacco,  and  a  lighter  which  he
carried in his BDU pocket during duty hours.   Additionally,  he  was  found
playing on a GameBoy during duty hours; (2) on 19 Oct  05,  he  received  an
LOR for being asleep in the dayroom during duty hours.  In addition  to  the
two LORs his commander noted the applicant had 10 negative AETC  Form  341s,
Excellence/Discrepancy Reports in his record.  He  acknowledged  receipt  of
the notification and after consulting counsel  he  submitted  statements  in
his own behalf.  The base  legal  office  reviewed  the  recommendation  and
found  it  legally  sufficient.   The  discharge  authority   approved   the
recommendation and directed he be separated with an  uncharacterized  entry-
level separation without probation and rehabilitation.  He was separated  on
6 Dec 05.  He served 5 months and 16 days on active duty.  He  was  assigned
RE  code  2C  which  denotes  "Involuntarily  separated  with  an  honorable
discharge; or entry-level separation without characterization of service".

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states  the  discharge  was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation and was within the discretion of  the  discharge  authority.   He
did not submit evidence or identify any errors in his  discharge  processing
and provided no facts warranting  a  change  to  his  RE  code.   The  DPPRS
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 27  Jan
06 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 warranting a change  to  his  RE  code.   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.

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 issues 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 AFBCMR Docket Number  BC-2006-
00164 in Executive Session on 16 Mar 06, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. LeLoy W. Cottrell, Member
      Mr. Frederick R. Beaman III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Dec 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 23 Jan 06.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 06.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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