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AF | BCMR | CY2008 | BC-2007-03478
Original file (BC-2007-03478.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03478
            INDEX CODE:  100.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reentry (RE) code of “2C” (Involuntarily separated with  an  entry
level separation without characterization of service)  be  changed  to
“1.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

It has been nine (9) years since his separation.   He  has  grown  and
matured as a person.  The RE code does not define or properly describe
the man he is today.


In support of his  appeal,  the  applicant  provides  a  copy  of  his
separation document.

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


_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 11 Mar 98 for period of
four years in the grade of airman basic.

On 15 Apr 98, the applicant was notified by his commander that she was
recommending his discharge from the Air Force for  misconduct  because
of his commission of a serious offense.  The reason  for  this  action
was that having knowledge of a lawful order issued by  a  commissioned
officer for him to return to training, on 7 Apr 98, he failed to  obey
by refusing to return to training.   For  this  offense,  he  received
nonjudicial punishment under Article 15  resulting  in  forfeiture  of
$199.00 in pay.  The applicant was advised of his rights in the matter
and that an entry level separation would be  recommended.   He  waived
his right to consult counsel and submit statements in his own behalf.

On 20 Apr 98, the applicant was separated under the provisions of  AFI
36-3208 (Misconduct) with an entry level separation and assigned an RE
code of 2C.  He was credited with one (1) month and 10 days of  active
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating the  applicant’s  RE  code  is
correct.  There is no error or injustice.  RE codes in the “1”  series
are for those members eligible for immediate reenlistment and eligible
for prior service enlistment.  The  applicant  did  not  complete  his
first  term  of  enlistment,  but  was  involuntarily  separated   for
misconduct.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 1 Feb
08 for review and response 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 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 note the Secretary of the Air
Force has statutory authority  to  promulgate  rules  and  regulations
governing the administration of the Air Force.   In  the  exercise  of
that authority, the Secretary has determined  that  members  separated
from the Air Force would be furnished an RE code predicated  upon  the
quality of their service and circumstances of their  separation.   The
evidence of record indicates the applicant was given  an  entry  level
separation for misconduct.  As a result, he was assigned an RE code of
2C.  It appears the applicant’s RE code was appropriately assigned and
accurately reflected the circumstances of his separation, and, we find
no evidence to indicate the assigned RE code was in error.  In view of
the foregoing, and in the absence of  evidence  to  the  contrary,  we
conclude that no basis exists to recommend  favorable  action  on  the
applicant’s request that his RE code of 2C be changed.

_________________________________________________________________

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-
2007-03478 in Executive Session on 4 Mar 08, under the  provisions  of
AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Mr. Garry G. Sauner, Member
      Ms. Teri G. Spoutz, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 Oct 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, dated 10 Dec 07.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Feb 08.




                                   JAMES W. RUSSELL III
                                   Panel Chair

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