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AF | BCMR | CY2008 | BC-2008-01202
Original file (BC-2008-01202.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01202
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

The separation and reentry codes on his Certificate of Release or  Discharge
from Active Duty, DD Form 214, be changed to allow him  entry  into  an  Air
Reserve/Guard unit.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told  the  codes  were  not  acceptable.   He  was  discharged  under
honorable conditions due to hardship when his younger brother was killed  in
1991.  He feels he is capable to serve in  the  Air  Force  Reserve  or  Air
Guard as he was accepted in the Army Reserve after his discharge.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 20 Nov 91, the applicant was honorably discharged from  the  Regular  Air
Force for hardship reasons.  He  had  been  progressively  promoted  to  the
grade of senior airman, effective and with a date of rank of 17 Nov 90.   He
had served three years, seven months and eight days on active duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOA recommends  denial.   DPSOA  states  the  applicant  requested
humanitarian reassignment due to the death of his younger  brother.   On  14
Jan 91, personnel officials denied  his  request  citing  “no  assurance  of
resolution within a reasonable time” and that other family  members  in  the
local area could provide  at  least  limited  physical  and  moral  support.
However, an assignment to his desired location was approved upon his  normal
return from an overseas area on 31 Jan 92.  He was permanently  disqualified
from the  Personnel  Reliability  Program  (PRP)  due  to  his  questionable
reliability (stress brought on by the accidental death of  his  brother  and
the effects it had on his family).  His  commander  cited  his  request  for
early release from the Air Force, under hardship conditions and  that  after
his request he became the subject of an  investigation  and  was  placed  on
administrative hold.

DPSOA states although personnel officials eventually provided the  applicant
with an assignment to his  requested  location,  he  felt  this  action  was
insufficient and sought early release.

The complete DPSOA evaluation is at Exhibit C.

HQ AFPC/DPSOS recommends denial.  DPSOS was unable  to  find  any  error  or
injustice in the process of the applicant’s  separation.   DPSOA  recommends
the applicant request a waiver of his reentry code by the gaining  service’s
approval authority.

The complete DPSOS 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 11  Jul
08 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit E).

_________________________________________________________________

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 their 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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

________________________________________________________________

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 this application in  Executive
Session on 17 September 2008, under the provisions of AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Ms. Barbara J. Barger, Member
      Ms. Karen A. Holloman, Member

The following documentary evidence was considered for AFBCMR  Docket  Number
BC-2008-01202:

      Exhibit A.  DD Form 149, dated 3 Mar 08.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPSOA, dated 29 Apr 08.
      Exhibit D.  Letter, HQ AFPC/DPSOS, dated 10 Jun 08.
      Exhibit E.  Letter, SAF/MRBR, dated 11 Jul 08.




                                  B. J. WHITE-OLSON
                                  Panel Chair

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