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AF | BCMR | CY2007 | BC-2007-01601
Original file (BC-2007-01601.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-01601
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE: Nov 24, 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2B be  changed  to  a  code  which
will allow him re-entry into the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He wants to reenlist and serve his country.

His RE code is preventing him from enlisting in the Army or Marine Corps.

In support of his request, the applicant provided a  copy  of  his  DD  Form
214, Certificate of Release or Discharge from Active Duty.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the active  duty  Air  Force  on  2  Jul  87  and  was
progressively promoted to the grade of E-4 (senior airman).

On  18  Jan  90,  the  applicant  received  an  Article   15,   Non-judicial
Punishment, for failing to obey  a  lawful  order  by  breaking  an  imposed
curfew.

On 17, 27, and 28 May 90, the applicant wrote  three  worthless  checks  and
received written counseling on 29 Jun 90.

On 27  Jul  90,  the  applicant  was  given  final  notice  to  improve  his
substandard behavior and meet Air Force standards.

On 2 Aug  90,  the  applicant  received  written  counseling  for  financial
delinquency.

On 13 Nov 90, the  applicant  received  a  Letter  of  Reprimand  (LOR)  for
failing to report for urinalysis testing.

On 22 Nov 90, the applicant received an LOR,  Unfavorable  Information  File
(UIF), and placement on a Control Roster for dereliction of duty.

On 19 Dec 90, the applicant’s commander notified him  of  pending  discharge
actions based on minor disciplinary infractions.

On 31 Dec 90,  the  applicant  provided  a  statement  in  his  own  behalf,
accepting responsibility for his actions,  and  requested  leniency  on  the
type of discharge he would receive.

On 17 Jan 91, the deputy judge advocate found the applicant’s  case  legally
sufficient for discharge.

On 25 Jan 91, the discharge authority deemed  probation  and  rehabilitation
was inappropriate and directed that  the  applicant  be  discharged  with  a
general (under honorable conditions) discharge.

On 12 Feb 91, the applicant was discharged with a general  (under  honorable
conditions) discharge with a total of 3 years,           7  months,  and  11
days active service.

RE Code 2B –  Separated  with  a  general  or  under  other  than  honorable
conditions discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE  recommends  denial.   DPPAE  found  no  evidence  of  error   or
injustice, nor did the applicant submit any evidence of any.   The  RE  code
for such a separation was 2B.

The AFPC/DPPAE complete evaluation, with attachments is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 13  Jul
07 for review and comment within 30 days.  As of this date, this office  has
not received a response.

_________________________________________________________________

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 our 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 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  Docket  Number  BC-2007-01601
in Executive Session on 21 August 2007, under  the  provisions  of  AFI  36-
2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. Steven A. Cantrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 May 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPAE, w/atchs dated 14 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jul 07.




                                   LAURENCE M. GRONER
                                   Panel Chair

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