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AF | BCMR | CY2007 | BC-2006-03906
Original file (BC-2006-03906.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03906
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  24 JUN 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His  reenlistment  eligibility  (RE)  code  of  2C   (involuntarily
separated under AFR 39-10, with an honorable  discharge;  or  entry
level separation without characterization of service) be changed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

At the time, the events which resulted in his honorable  discharge,
he was young; however, now he has grown as a person,  learned  from
his past mistakes, and moved on from those events.  He has raised a
wonderful family, and worked hard as a correctional officer for the
last eight years.

In support of his appeal, applicant submitted a personal statement.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  21  Jul  80  for  a
period of four years.  He was progressively promoted to the rank of
airman first class with a date of rank of 13 Mar 81.

On or about  23  Feb  83,  applicant  failed  to  go  at  the  time
prescribed to his appointed place of duty.  For  this  offense,  he
received Article 15 punishment.   His  punishment  consisted  of  a
suspended reduction to the grade of airman  until  3  Sep  83,  and
21 days of correctional custody.

On 21 Mar 83, applicant was found in correctional custody  facility
latrine with self-inflicted lacerations to both wrists.

On  28  Mar  83,   the   squadron   section   commander   initiated
administrative discharge  action  against  the  applicant  for  his
conduct, military deportment, and duty performance not commensurate
with other airman of like age, grade, and length of service.

Applicant submitted statements in his own behalf.  After base legal
review and on 5  Apr  83,  the  discharge  authority  approved  the
discharge.

On 8 Apr 83, applicant was honorably discharged under the provision
of AFR 39-10, with an RE code of 2C.  He was credited with 2 years,
8 months, and 18 days of service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE reviewed this  application  and  recommended  denial.
They found no evidence to support  a  different  course  of  action
requested by the applicant, nor was there any evidence of error  or
injustice found.

HQ  AFPC/DPPAE’s  complete  evaluation,  with  attachments,  is  at
Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 16 Feb 07 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (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  he
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 the  circumstances
of their separation.  Applicant’s RE code of 2C accurately reflects
that   he   was   involuntarily   separated   with   an   honorable
characterization of service and given the circumstances surrounding
his separation, we believe the RE code  issued  was  in  accordance
with the  governing  directives.   Therefore,  in  the  absence  of
persuasive 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   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-2006-03906 in Executive Session on  29  March  2007,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. James L. Sommer, Member
      Ms. Sharon B. Seymour, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 19 Jan 07, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Feb 07.




                                   RICHARD A. PETERSON
                                   Panel Chair

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