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AF | BCMR | CY2006 | BC-2006-01130
Original file (BC-2006-01130.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01130
      INDEX CODE:  110.02
      COUNSEL:  NONE

      HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  16 JULY 2007

________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2C be changed to a waiverable
code so that he can enlist in the Navy.

________________________________________________________________

APPLICANT CONTENDS THAT:

He would like to enlist in the Navy and cannot  be  placed  in  the  delayed
enlistment program (DEP) with his current RE  code.   He  does  not  believe
that the RE code was unjust; however, it has been over two years  since  his
separation from  the  Air  Force.   He  was  told  by  his  former  squadron
commander that he could reenlist after two years  of  separation  without  a
problem, but would need a waiver if he tried  to  enlist  earlier  than  two
years after his separation.

The reasons for his discharge were very childish and the things he did  were
immature.  He is positive that he has learned a  lot  since  that  time  and
would like the opportunity to try again in the Navy.  He did not submit  any
supporting documents.

Applicant’s complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 27 August 2002, the applicant enlisted in the Regular Air  Force  at  the
age of 18 in the grade of airman basic for a period of six  years.   He  did
not complete basic training.

On 22 October 2002, his commander notified him that he was  recommending  he
be separated from the Air Force under the provisions of AFPD 36-32  and  AFI
36-3208, Chapter 5, Section 5D, Paragraph 5.22.2.  His  reasons  were  based
on the applicant’s unsatisfactory entry level  performance  and  conduct  to
include:  failure to adapt to the  military  environment,  failure  to  make
satisfactory progress in a required training  program;  reluctance  to  make
the effort necessary to  meet  Air  Force  standards  of  conduct  and  duty
performance; lack of discipline, and minor disciplinary infractions.

The applicant acknowledged receipt of the notification and waived his  right
to consult counsel or submit statements in his own  behalf.   The  commander
thereafter initiated a recommendation for his separation.

On 28  October  2002,  the  applicant  was  separated  with  an  entry-level
separation because of Entry Level Performance and Conduct.   He  had  served
six months and two days on active duty.   A  reenlistment  eligibility  (RE)
code of 2C (Involuntarily separated with an entry level  separation  without
characterization of service) was assigned.

________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   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, and the discharge was within  the  discretion  of  the
discharge   authority.    DPPRS   notes   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 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.   DPPRS  opines  the  applicant’s
uncharacterized character of service is correct and in accordance  with  DoD
and Air Force instructions.  DPPRS concludes the applicant  did  not  submit
any evidence or identify any errors  or  injustices  that  occurred  in  the
discharge processing, and did not provide any facts warranting a  change  to
his reenlistment eligibility code.

The complete evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to  the  applicant  on  12
May 2006 for review and comment within 30  days.   As  of  this  date,  this
office has received no response (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 an  error  or  injustice.   Applicant’s  contentions  are  duly
noted; however, we are not persuaded that the applicant has been the  victim
of an error or injustice.  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.   Therefore,  we  find  no  basis  upon  which   to
recommend favorable action on this application.
___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 2006, under the provisions of AFI 36-2603:

               Mr. Michael J. Novel, Panel Chair
               Mr. Grover L. Dunn, Member
               Mr. John E. B. Smith, Member

The following documentary evidence was considered  in  AFBCMR  BC-2006-01130
in:

      Exhibit A.  DD Form 149, dated 11 Apr 06.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated  28 Apr 06.
      Exhibit D.  Letter, SAF/MRBR, dated 12 May 06.




      MICHAEL J. NOVEL
      Panel Chair

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