RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2007-00326
            INDEX CODE:  110.02
                             COUNSEL:  NOT INDICATED

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  5 AUG 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed and he  be  reinstated  in
the Air Force to complete his enlistment.

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THE APPLICANT CONTENDS THAT:

He was immature,  made  irresponsible  decisions  and  was  unaware  of  the
consequences.

In support of the appeal, the  applicant  submits  two  character  reference
letters.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 17 June 1998, for a  term
of four years.  On 10 December 1998, he was notified by his  commander  that
he was being recommended for  discharge  for  conduct  prejudicial  to  good
order and discipline with an entry-level separation.  The reasons  for  this
action were that he received an Article 15 for being absent  from  his  unit
without permission; on 5  October  1998,  he  received  an  AETC  Form  341,
Discrepancy Report for being late for formation; on  10  November  1998,  he
was court-martialed for failure  to  comply  with  mandatory  curfew  hours,
violating a general order not to ride  in  a  privately  owned  vehicle  and
breaking restriction.   He  acknowledged  receipt  of  the  notification  of
discharge and after consulting with  legal  counsel  waived  his  rights  to
submit statements in his own behalf.  The base  legal  office  reviewed  the
case and found it legally sufficient to support separation  and  recommended
applicant be separated from  the  service  with  an  entry-level  separation
without probation and rehabilitation.  The discharge authority approved  the
separation and ordered he be separated with an  uncharacterized  entry-level
separation.

On 28 December 1998, he was discharged under the provisions of AFI  36-3208,
Administrative Separation of Airmen (misconduct-entry-level separation)  and
was issued an uncharacterized entry-level separation.   He  received  an  RE
code of 2C, Involuntarily separated with an honorable discharge;  or  entry-
level separation without characterization of service.  He served a total  of
6 months and 12 days of active duty service.

Pursuant to the  Board's  request,  the  Federal  Bureau  of  Investigation,
Clarksburg, WV, indicated on 4 June 2007, that on  the  basis  of  the  data
furnished they were unable to locate an arrest record.  (Exhibit C)

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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  discharge  was  within  the
discretion of the discharge authority.  The applicant  did  not  submit  any
new evidence or identify any errors  or  injustices  that  occurred  in  the
discharge      processing.       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 (DoD) 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.    Therefore,   his
uncharacterized character of service is correct and in accordance  with  DoD
and Air Force instructions.

The DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  16
February 2007, for review and comment within 30 days.  As of this  date,  no
response has been received by this office.

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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 granting 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.

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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.

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The following members of the Board considered  Docket  Number  BC-2007-00326
in Executive Session on 20 June 2007, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Wallace F. Beard Jr., Member
                             Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 4 Feb 07, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. FBI Response, dated 4 June 07.
      Exhibit D. Memo, AFPC/DPPRS, dated 9 Feb 07.
      Exhibit E. Letter, SAF/MRBR, dated 16 Feb 07.




                                   Thomas S. Markiewicz
                                   Chair