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AF | BCMR | CY2007 | BC-2007-01729
Original file (BC-2007-01729.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01729
            INDEX CODE:  110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  4 DECEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2C  be  changed  to  a  code  that
would allow him to reenter military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told he could  reenlist  with  his  current  RE  code;  however,  his
recruiter told him the code needed to be changed.

In support of the application, the applicant submits copies of his  DD  214.
The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 Jan 02  in  the  grade  of
airman basic.  He was promoted to the grade of airman first class  effective
and with a date of rank of 30 May 03.

The applicant was referred to the mental health clinic  where  he  was  seen
and evaluated by a staff psychiatrist.  The applicant was diagnosed  with  a
major depressive disorder and dependant personality disorder and  considered
not fit for continued military service.

On 24 Nov 03, the applicant was notified by his commander of her  intent  to
recommend that he be discharged from the Air Force under the  provisions  of
AFPD 36-32 and AFI 36-3208.  The reason for her actions  was  based  on  the
staff psychiatrist's diagnosis that  the  applicant's  personality  disorder
was so severe  his  ability  to  function  in  a  military  environment  was
significantly  impaired.   The  applicant  acknowledged   receipt   of   the
notification and waived his right to consult counsel  or  submit  statements
in his own behalf.  The commander thereafter initiated a recommendation  for
the applicant’s separation.

In a legal review of the case file, the staff judge advocate found the  case
legally sufficient and recommended that he be discharged.  On 4 Dec 03,  the
discharge authority concurred with the recommendations and directed that  he
be  discharged  with  an  honorable   discharge,   without   probation   and
rehabilitation.  Applicant was discharged on 17 Jan 04.  He served  1  year,
11 months and 19 days on active duty.   An  RE  code  of  2C  (involuntarily
separated with an honorable discharge) was applied.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPRS  recommends  denial.   DPPRS  states  that   based   on   the
documentation on file in  the  applicant’s  master  personnel  records,  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the discharge authority.  Additionally, the applicant  did  not  submit  any
evidence  or  identify  any  errors  or  injustices  that  occurred  in  the
discharge processing, and he provided no facts warranting a  change  to  his
RE code.

The complete DPPRS evaluation is at Exhibit C.

HQ AFPC/DPPAE recommends denial.  DPPAE states they  found  no  evidence  of
error or injustice; nor did the applicant submit any evidence of such.

The complete DPPAE evaluation is at Exhibit D.

_________________________________________________________________

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
received no response (Exhibit D).

_________________________________________________________________

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 the 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  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 probable 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  BC-2007-01729  in
Executive Session on 29 August 2007, under the provisions of AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Mr. Gregory A. Parker, Member
                 Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 8 Jun 07.
    Exhibit D.  Letter, HQ AFPC/DPPAE, dated 22 Jun 07
    Exhibit E.  Letter, SAF/MRBR, dated 13 Jul 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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