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AF | BCMR | CY2010 | BC-2009-01530
Original file (BC-2009-01530.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01530
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reentry (RE) code of 4M (Breach  of  enlistment/reenlistment  agreement)
be changed to a waiverable code.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Everyone deserves a second chance.   He  was  not  ready  to  serve  in  the
military two years ago; however, he should be allowed to serve  his  country
now.  He made a mistake the first time  but  everyone  makes  mistakes.   He
really wants another chance to serve his country and will try  until  he  is
not able to try anymore.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 Aug 07  for  a  period
of six years.

On 28 Sep 07, the applicant’s commander notified the applicant that  he  was
recommending he be separated from the Air Force under the provisions of  Air
Force Policy Directive 36-32 and Air Force Instruction 36-3208,  Chapter  5,
Section 5D, paragraph 5.22.2 for unsatisfactory entry level  performance  or
conduct.  The applicant was advised of his rights, acknowledged  receipt  of
the notification and, after consulting military legal  counsel,  waived  his
right to submit a statement on his own behalf.

On 1 Oct 07, the discharge authority  approved  the  recommended  separation
and directed the applicant be discharged for the reasons recommended by  his
commander, without an offer of probation and rehabilitation.  On 4  Oct  07,
the applicant was discharged with uncharacterized service.  He had served  1
month and 21 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 & D.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS recommends denial.  On 27 Sep 07, the applicant requested  his
separation from the Air Force because he had “no motivation to stay  in  the
Air Force and it would be a waste of government time  and  money  to  retain
him.”  He signed a statement and was  briefed  he  would  receive  an  entry
level separation.

Airman  are  given   an   entry-level   separation/uncharacterized   service
characterization when separation is initiated  in  the  first  180  days  of
continuous active service.  The Department of Defense  determined  it  would
be unfair to characterize a member who served less than 180 days  continuous
active duty service.

The applicant’s reentry code  of  4M  is  incorrect  and  should  reflect  a
reentry code of 2C (Involuntarily separated with an honorable discharge;  or
entry level separation).  Although the reentry code  of  4M  was  improperly
assigned, the error does not affect the basis of his discharge.

The complete DPSOS evaluation is at Exhibit C.

HQ AFPC/DPSOA recommends denial.  DPSOA  states  the  applicant’s  incorrect
reentry code of 4M will be administratively corrected to reflect  2C  unless
otherwise directed by the Board.

The complete DPSOA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  18
Dec 09, 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 timely filed.

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 opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopt their rationale as the basis for our  determination
that relief beyond that already granted administratively is not warranted.

_________________________________________________________________

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  BC-2009-01530  in
Executive Session on 9 Mar 10, under the provisions of AFI 36-2603:

      Chair
      Member
      Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 May 2009.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOS, dated 27 Nov 09.
    Exhibit D.  Letter, HQ AFPC/DPSOA, dated 3 Dec 09.
    Exhibit E.  Letter, SAF/MRBR, dated 18 Dec 09.





                                   Chair

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