RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00290
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His separation and reenlistment eligibility (RE) codes be changed so that he can reenlist and join his local Air Force Reserve/Air National Guard (ANG).

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APPLICANT CONTENDS THAT:

His separation from the Air Force was due to his financial status and irresponsibility which caused an enormous amount of stress upon himself.  At the time of enlistment and separation, he was in debt approximately $4,500 along with college loans that totaled $7,000.  Since he separated from the Air Force in 1999, he has greatly changed his financial status which was due to a full time job as a supervisor at a telecommunications company which paid more money than the Air Force.  Now that he is financially stable and not under the pressure that he was previously under, he would like the chance to serve for the Air Force Reserves part time while maintaining his full time job and his good financial status.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

On 28 Apr 99, the applicant enlisted in the Regular Air Force (RegAF) for a period of four years in the grade of airman.

On 11 Aug 99, applicant received a Letter of Reprimand (LOR) for missing four hours of training.  He acknowledged receipt of the LOR on 12 Aug 99 and submitted a response.

On 19 Aug 99, applicant received an LOR for not purchasing a belt.  He acknowledged receipt of the LOR on 19 Aug 99 and indicated that he would submit a response; however, as of 24 Aug 99, he did not submit statements.

On 27 Aug 99, applicant received an LOR for missing a briefing and for being late to a briefing.  He acknowledged receipt of the LOR on 30 Aug 99 and indicated that he would submit a response; however, as of 1 Sep 99, he did not submit statements.

On 30 Aug 99, applicant received an LOR for failure to appear for a mandatory formation and for being disrespectful to a noncommissioned officer (NCO).  He acknowledged receipt of the LOR on 30 Aug 99 and indicated that he would not submit documents or statements for consideration.

On 14 Sep 99, applicant was notified of his commander’s intent to impose nonjudicial punishment upon him for failure to obey a lawful order to return to training.  On 14 Sep 99, after consulting with counsel, applicant waived his right to a trial by court-martial, did not request a personal appearance and did not submit a written presentation.  On 14 Sep 99, he was found guilty by his commander who imposed the following punishment:  Reduction from the grade of airman to the grade of airman basic, with a new date of rank (DOR) of 14 Sep 99 and forfeiture of $207.  Applicant did not appeal the punishment.  The Article 15 was not filed in his Unfavorable Information File (UIF).

On 16 Sep 99, applicant was notified that his commander was recommending that he be discharged from the Air Force for Entry Level Performance and Conduct.  The reasons for the commander’s actions were as stated above.  Applicant’s case file was reviewed and found to be legally sufficient to support separation.  The Assistant Staff Judge Advocate recommended the applicant be separated from the service with an Entry Level separation.

On 23 Sep 99, the applicant was separated from the Air Force under the provisions of AFI 36‑3208 (Entry Level Performance and Conduct) in the grade of airman with an uncharacterized character of service, a separation code of JGA (Entry Level), and an RE code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service).  He was credited with 4 months and 26 days of active service.

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AIR FORCE EVALUATION:

The Military Personnel Management Specialist, AFPC/DPPRS, reviewed this application and indicated that, based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing nor did he provide facts warranting a change in his narrative reason for separation or a change in his separation code.  Accordingly, DPPRS recommends his records remain the same and his request be denied.

A complete copy of the Air Force evaluation is attached at Exhibit C.

The Special Programs & AFBCMR Manager, AFPC/DPPAES, also reviewed this application and indicated that the RE code 2C is correct.

A complete copy of their evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 23 Mar 01 for review and response.  As of this date, no response has been received by this office.

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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 probable error or injustice.  We reviewed the applicant’s entire record and the circumstances surrounding his separation from the Air Force in 1999.  After careful consideration of the available evidence, we found no substantiation that the applicant’s separation was improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against him were based on factors other than his own misconduct, i.e., LORs, Article 15.  In addition, we note that applicant's assigned RE code of 2C accurately reflects his entry level separation.  If, as he asserts, he has overcome his financial difficulty, then we applaud him.  However, the reason for separation and RE code are correct based on the facts that existed at the time of his separation.  Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application.

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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.

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The following members of the Board considered this application in Executive Session on 8 May 2001, under the provisions of Air Force Instruction 36‑2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 30 Nov 00, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 14 Feb 01.
     Exhibit D.  Letter, AFPC/DPPAES, undated.
     Exhibit E.  Letter, AFBCMR, dated 23 Mar 01.

                                   
                                   Panel Chair