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AF | BCMR | CY2006 | bc-2006-01182
Original file (bc-2006-01182.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01182
            INDEX CODE:  110.02

      XXXXXXXXXXXXXXX  COUNSEL: NONE


            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  15 0CT 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to  one  that  would
allow him to reenlist into the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He enlisted in the Air Force when he was only 18 and immature, but has
now realized his mistakes and would like to serve his country.

In support of his request, the applicant submits a Personal  Statement
and a copy of his DD Form 214, Certificate  of  Release  or  Discharge
from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
24 June 1998.  On 10 July 1998, the  applicant  was  notified  by  his
commander that he was recommending he be discharged from the Air Force
for conditions that interferes with military service.  The  basis  for
the action was the diagnoses of Axis  I  –  Adjustment  disorder  with
mixed anxiety and depressed mood, Axis II – No diagnosis, and Axis III
– Non-contributory.  He was advised of his rights in this matter.   He
waived his rights to  consult  counsel,  and  elected  not  to  submit
statements in his own behalf.  The discharge  authority  approved  the
discharge and directed an entry-level separation.  On 17 July 1998, he
was discharged with an uncharacterized entry-level  separation,  under
the provisions of AFI 36-3208, Administrative  Separation  of  Airmen,
(Personality Disorder).  He received an RE code of  2C  “Involuntarily
separated with an  honorable  discharge;  or  entry  level  separation
without characterization of service”.  He served 24 days total  active
service.  On 16 June 2006, based on the fact that he was not diagnosed
with a personality disorder, his  DD  Form  214  was  administratively
corrected to reflect a narrative reason of “Secretarial Authority”.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon  the  documentation  in  the
file, the discharge was consistent with the procedural and substantive
requirements of the  discharge  regulation.   The  applicant  did  not
submit any new evidence or identify  any  errors  or  injustices  that
occurred in the discharge processing.  He provided no facts warranting
a  change  to  his   RE   code.    Airman,   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
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
Department of Defense and Air Force instructions.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 Jun 06, for review and comment within 30 days.  As of this date, no
response has been received by this office.

_________________________________________________________________

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 to warrant changing the  RE  code.
We took notice of the applicant’s complete submission in  judging  the
merits  of  the  case,  however;  we  agree  with  the  opinions   and
recommendation of the office of primary responsibility and adopt  it’s
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or injustice.  Therefore, in view  of  the
above, and 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  issue(s)   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 Docket  Number  BC-2006-
01182 in Executive Session on 27 September 2006, under the  provisions
of AFI 36-2603:

                 Ms. Marilyn M. Thomas, Vice Chair
                 Ms. Barbara R. Murray, Member
                 Mr. John E. B. Smith, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 Apr 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 19 Jan 06.
      Exhibit D. Letter, SAF/MRBR, dated 19 Jun 06.




      MARILYN M. THOMAS
      Vice Chair

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