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AF | BCMR | CY2007 | BC-2007-00796
Original file (BC-2007-00796.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00796
            INDEX CODE:  110.03

            COUNSEL:  NONE

            HEARING DESIRED: NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment eligibility (RE) code be changed from 2B,  Discharged
under General or other-than-honorable conditions, to 1A, Ineligible to
reenlist, but condition waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his time in the Air Force he had adjustment problems.   He  was
away from home for the first time and made bad judgments based on  his
adjustment problems and his mother’s illness.  He was  never  arrested
or in corrective custody.  He admits to not listening  to  his  fellow
airmen or the Non Commissioned  Officers (NCO’s) over him.  He was  19
and homesick and did not know how to adjust to military life.   He  is
now 27 years old and in  great  physical  and  mental  health.   While
others are afraid to enlist because  of  Iraq,  he  is  attempting  to
reenter the service.  Everyone makes mistakes and his leaving the  Air
Force was the biggest mistake he has ever made.  He is  hoping  for  a
second chance to serve.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

He enlisted in the Regular Air Force  on  13  January  1999.   He  was
progressively promoted to the grade of airman with a date of  rank  of
13 July 1999.  On 3 August 1999, he received  a  letter  of  reprimand
(LOR) for using threatening language.  On 9 March 2000, he received an
Article 15 for wrongfully opening and stealing compact disc games from
certain mail.  His  punishment  was  reduction  to  airman  basic  and
forfeiture of $200 per month for two  months.   On  10  May  2000,  he
received another  Article  15  for  being  absent  without  leave  and
disobeying a lawful order to report his status.   His  punishment  was
restriction to base for 45 days and 45 days extra duty.  He received a
General discharge for Misconduct – Minor Disciplinary  Infractions  on
28 July 2000 after having served for 1 year, 6 months,  and  16  days.
The AFDRB initially reviewed and denied  his  request  to  change  his
discharge and his RE code to one that would allow him to  reenlist  on
27 August 2002.  On 8 December 2003, the  AF  Discharge  Review  Board
(AFDRB) reviewed his request again  and  again  decided  to  deny  his
request.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the documentation on  file
in his master personnel records shows  his  discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation.  The discharge was  within  the  power  of  the  discharge
authority.  Further, the applicant did  not  submit  any  evidence  or
identify any errors or injustices that occurred during his  discharge.
He provided no facts  warranting  a  change  to  his  under  honorable
conditions (general) discharge or RE code.

DPPRS’s complete evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  DPPAE states they considered  documents
submitted by the applicant and conducted a  review  of  his  personnel
record that ultimately revealed no evidence to support the  course  of
action requested by the applicant.

DPPAE’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
27 April 2007 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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that his uncorroborated assertions, in and by themselves, sufficiently
persuasive to override  the  rationale  provided  by  the  Air  Force.
Therefore, we agree with the opinions and recommendations of  the  Air
Force offices of primary responsibility and adopt their  rationale  as
the basis for our decision that the applicant has  failed  to  sustain
his burden of having suffered  either  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 anything but appropriate.  Therefore, in the absence of persuasive
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 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-
2007-00796 in Executive Session on 14 June 2007, under the  provisions
of AFI 36-2603:

      Mr. James W. Russell, III, Panel Chair
      Ms. Glenda H. Scheiner, Member
      Mr. Michael F. McGhee, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Mar 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 22 Mar 07
    Exhibit D.  Letter, AFPC/DPPAE, dated 16 Apr 07
    Exhibit E.  Letter, SAF/MRBR, dated 27 Apr 07.




                                   JAMES W. RUSSELL, III
                                   Panel Chair

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