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AF | BCMR | CY2007 | BC-2007-01192
Original file (BC-2007-01192.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01192
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NOT INDICATED


MANDATORY CASE COMPLETION DATE:  19 OCT 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His  reenlistment  eligibility  (RE)  code  of  2B   (involuntarily
separated with a general or under other  than  honorable  condition
(UOTHC) discharge) be changed.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He has completed the two-year waiting period for re-entry.  He  has
no serious or damaging disciplinary actions against his  record  to
warrant an RE code of 2B.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  8  Jun  04  for  a
period of six years.

On 11 Jan  05,  the  squadron  commander  initiated  administrative
discharge  action  against   the   applicant   for   unsatisfactory
performance or conduct.  The reason for  the  proposed  action  was
that applicant failed to make satisfactory progress in  a  required
technical  training  program.   He  was  eliminated  from  the  Air
Transportation  Apprentice  training  course   for   unsatisfactory
performance after failing Block I test and Block  II  test,  twice,
with scores of 68%, 52%, and 60% respectively; the minimum  passing
score  being  70%.   Prior  to  being  disenrolled,  applicant  was
counseled concerning his performance and was washed back two times.

On that same date, applicant acknowledged receipt of the  discharge
notification.  On 18 Jan 05, he waived his right to consult counsel
and to submit statements in his own behalf.   On  21  Jan  05,  the
Deputy Chief,  Adverse  Actions,  found  the  case  to  be  legally
sufficient.   On  26  Jan  05,  the  discharge  authority  directed
applicant be  discharged  with  an  honorable  characterization  of
service; however, he decided probation and rehabilitation were  not
appropriate.

On 1 Feb 05,  applicant  was  honorably  discharged  by  reason  of
“unsatisfactory performance,” and was issued an RE code of 2B.   He
was credited with 7 months and 25 days of active duty service.

On 20 Apr 07, a DD Form 215, Correction to DD Form 214, Certificate
of  Release  or  Discharge   from   Active   Duty   was   completed
administratively correcting his DD Form 214 to reflect an  RE  code
of 2C (involuntarily separated  with  an  honorable  discharge;  or
entry level separation without characterization of service).

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended  denial  of  applicant’s  request.   They
found  the  discharge  was  consistent  with  the  procedural   and
substantive   requirements   of    the    discharge    instruction.
Additionally, the  discharge  was  within  the  discretion  of  the
discharge authority.  They also noted the applicant did not  submit
any evidence or identify any errors or injustices that occurred  in
the discharge processing,  nor  provided  any  facts  warranting  a
change to his reenlistment eligibility code.

HQ AFPC/DPPRS’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 20 Jun 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 timely filed.

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.

___________________________________________________________________

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-2007-01192 in Executive Session on  2  August  2007,  under  the
provisions of AFI 36-2603:

      Mr. Wayne R. Gracie, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 20 Apr 07.
    Exhibit D.  Letter, SAF/MRBR, dated 20 Jun 07.




                                   WAYNE R. GRACIE
                                   Panel Chair

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