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AF | BCMR | CY2007 | BC-2007-00091
Original file (BC-2007-00091.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00091
      INDEX CODE:  110.02
      COUNSEL:  NONE

      HEARING DESIRED:  NOT INDICATED

MANDATORY COMPLETION DATE:  15 JUNE 2008

________________________________________________________________

APPLICANT REQUESTS THAT:

His DD 214 be amended as follows:

      1.  His reenlistment eligibility (RE) code of 2B  changed  to  a  code
that would allow him to enlist in the Army.

      2.  His general (under honorable conditions) discharge be upgraded.

      3.  His narrative reason for separation “misconduct-pattern  of  minor
disciplinary infractions” be changed.

________________________________________________________________

APPLICANT CONTENDS THAT:

When he was discharged he was told that he could enlist  in  any  branch  of
military service except the Air Force.  He has now  been  informed  that  he
cannot enlist in the Army because of his RE code of 2B.  He  has  experience
as an emergency medical technician and feels  he  could  help  some  wounded
soldiers.

No  supporting  documents.   The  applicant’s  complete   submission,   with
attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 26 Aug 83, 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.   After
completing  basic  military  and  technical  training,  the  applicant   was
assigned to duties as a Security Specialist.

On 5 Dec 85, he received a letter of admonishment for  failing  to  obey  an
NCO.  On 13 Dec 85, he failed to go at the appointed time to  his  place  of
duty.  For this offense, he received an Article 15.

On 29 Jan 86, he was issued a Dishonored Check Notification  by  AAFES  that
required reimbursement action.  0n 25 Feb 86,  he  was  given  a  letter  of
admonishment for failing to progress in the On-The-Job (OJT) program.

On 17 Mar 86, he failed to go to his appointed place of duty.  He  was  AWOL
from 19 Mar 86 thru 7 Apr 86.  On  9  Apr  86,  his  commander  vacated  his
suspended reduction to airman basic.

On 11 Apr 86, the applicant’s commander notified the applicant that  he  was
recommending he be separated from the Air Force under the provisions of  AFR
39-10, para 5-46 because of  misconduct  (Minor  Disciplinary  Infractions).
The applicant was advised of his rights.  He  acknowledged  receipt  of  the
notification and waived his right to submit statements in his own behalf.

In a legal review of the discharge  case  file,  the  staff  judge  advocate
found the file was legally sufficient and recommended that the applicant  be
separated from the service with  general  discharge.   On  21  Apr  86,  the
discharge authority approved the recommended  separation  and  directed  the
applicant be discharged  for  the  reasons  recommended  by  his  commander,
without the offer of probation and rehabilitation

On 22 Apr 86, the applicant was separated from military service  and  issued
a general (under honorable conditions) discharge with a reentry code of  2B.
 He had served two years, seven months and six days on active duty.

Pursuant to the Board’s request, the Federal Bureau of Investigation  (FBI),
Clarksburg, West Virginia,  provided  a  copy  of  an  investigative  report
pertaining  to  the  former  member  (Identification  Record  No.  89199KC3)
(Exhibit C).

________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in  the  applicant’s  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the discharge authority.  Additionally, the applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing, and he provided no facts warranting a  change  to  his
RE code, character of service, or narrative reason for separation

The complete DPPRS evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluation and the FBI report were forwarded to  the
applicant on 9 Feb 07 and 28 Feb 07, respectively, for  review  and  commend
within 30 days.  As of this date, this office has received  no  response  to
any of the aforementioned correspondence (Exhibit E).

________________________________________________________________

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.   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 the 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 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 2 May 2007, under the provisions of AFI 36-2603:

               Mr. James W. Russell, III, Panel Chair
               Ms. Mary C. Puckett, Member
               Mr. Clarence R. Anderegg, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2007-00091:

     Exhibit A.  DD Form 149, dated 4 Jan 07 w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Report.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 30 Jan 07.
     Exhibit E.  Letter, SAF/MRBR, dated 9 Feb 07.




                                  JAMES W. RUSSELL, III
                                  Panel Chair

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