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AF | BCMR | CY2007 | BC-2007-00369
Original file (BC-2007-00369.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00369
            INDEX CODE:  100.06

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be reinstated into active duty so that he may be able to finish his
military career and retire after 20 years.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He completed almost 16 years of faithful service to the Air Force when
his commander decided to deny his reenlistment  at  15  years  and  11
months.  His plan was to join the Army and finish his military career.
 However while his DD Form 214, Certificate of  Release  or  Discharge
from Active Duty, included a reenlistment (RE)  code  of  2X,  (Denied
Reenlistment), his separation orders clearly showed an RE code  of  1J
(Voluntary Separation).

In support of his appeal, the applicant has provided copies of his  DD
Form 214 and an AF Form 100, Request and Authorization for Separation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 9 July 1990 and was  discharged
on 8 June 2006 with an honorable character of service after serving  a
total of 15 years and 11 months.  He received  an  RE  code  of  2X  –
“First term, second term, or career airman considered but not selected
for reenlistment under the Selective Reenlistment Program  (SRP).   On
11 August 2004, he was served an Article 15  for  dereliction  in  the
performance of duties; specifically for willfully making  an  official
statement with intent to deceive.  He received reduction in  grade  to
the grade of staff sergeant with a date of rank  (DOR)  of  11  August
2004, and 30 days extra duty suspended through 10 February  2005.   On
4 May 2005, he was placed on administrative hold pending court martial
action and was  subsequently  found  guilty  during  a  special  court
martial at Pope AFB  for  violation  of  Article  92,  UCMJ,  and  was
sentenced  to  14  days  of  hard  labor  without  confinement  and  a
reprimand.  His last three enlisted performance reports  (EPR’s)  were
referral reports that included several mark downs and not  recommended
for promotion at this time statements.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states commanders  have  complete
SRP selection or nonselection responsibility.  His EPR’s coupled  with
the unfavorable information in his records along with his  commander’s
statement present  overwhelming  evidence  the  applicant  was  denied
reenlistment.  DPPAE  notes  the  applicant  declined  to  appeal  his
nonselection for reenlistment.  Further, DPPAE could not  find  an  AF
Form  418,  Selective  Reenlistment  Program  Consideration,  in   his
records.  DPPAE queried the applicant about the missing AFFM  418  and
the applicant responded that he does not possess a copy  of  the  AFFM
418.

DPPAE’s complete evaluation is at Exhibit B.

AFPC/DPPRS  recommends  denial.   DPPRS  states  that  based  on   the
documentation on file in his master personnel records,  the  discharge
was consistent with  the  procedural  requirements  of  the  discharge
regulation.  The discharge was within the discretionary power  of  the
discharge authority.  He provided no evidence nor did he identify  any
errors or injustices that occurred during the discharge processing and
provided no facts warranting his reinstatement to active duty.

DPPRS’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
30 March 2007 for review and comment within 30 days.  As of this date,
this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

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
offices of primary responsibility and adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  The discharge appears to be in compliance with
the governing AFI and  we  find  no  evidence  to  indicate  that  his
separation from the Air Force was inappropriate.  We find no  evidence
of error in this case and after thoroughly reviewing the documentation
that has been submitted in support of applicant's appeal,  we  do  not
believe he has suffered from an injustice.  Therefore,  based  on  the
available evidence of record, we find no basis upon which to favorably
consider 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 AFBCMR Docket Number BC-
2007-00369 in Executive Session on 10 May 2007, under  the  provisions
of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jan 07, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAE, dated 7 Mar 07, w/atchs.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 Mar 07.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Mar 07.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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