RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-01328
		INDEX CODE 100.06
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of “2B” (Separated with a general or under-than-honorable-conditions (UOTHC) discharge) be changed.

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APPLICANT CONTENDS THAT:

The reasons the applicant believes the records to be in error or unjust and the evidence submitted in support of the appeal are at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 31 Mar 99 and was assigned to the 85th Security Forces Squadron at Keflavik NAS, Iceland. During the period in question, he received a Letter of Counseling (LOC); a Letter of Admonishment (LOA); seven Letters of Reprimand (LORs); an Article 15 with forfeiture, extra duty, a reprimand and a suspended reduction; and a vacation of the suspended reduction.  He was separated in the grade of airman with a general discharge on 30 Apr 00 with 1 year and 1 month of active service.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records (Exhibit B), are contained in the letters prepared by the appropriate offices of the Air Force (Exhibits C and D). 
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AIR FORCE EVALUATION:

HQ AFPC/DPPAE confirmed that the applicant’s RE code is correct.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPRS asserts the discharge was consistent with the procedural and substantive requirements of the discharge regulation at the time of the applicant’s discharge from active duty. The discharge was within the discretion of the discharge authority, and the applicant has not provided any new evidence of error or injustice. Denial is recommended.

A complete copy of the evaluation is at Exhibit D. 
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 19 Jul 02 for review and comment within 30 days.  As of this date, this office has received no response. 

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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 error or injustice.  After careful consideration, we are not persuaded that the applicant’s RE code should be changed to one allowing reenlistment. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the evidence of record. The applicant alleges his problems stemmed from his distress after learning his aunt had breast cancer.  However, according to his supervisor’s memorandum for the record, the applicant heard about his aunt’s condition on 29 Mar 00.  While we can understand his concern, the applicant does not explain why he had already received one LOC, one LOA and four LORs before he learned of her illness. He also rejected his supervisor’s suggestion for counseling. In a little over a year of service, the applicant failed to go to his appointed place of duty 12 times. On another occasion, he neglected to bring required equipment and could not man his post. The applicant has not shown that his general discharge, which drove the RE code he received, was inappropriate given his frequent episodes of misconduct. The applicant has failed to sustain his burden of having suffered either an error or an injustice and, absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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.

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The following members of the Board considered this application in Executive Session on 3 September 2002 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-01328 was considered:

   Exhibit A.  DD Form 149, dated 3 Apr 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 2 Jul 02.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 16 Jul 02.
   Exhibit E.  Letter, SAF/MRBR, dated 19 Jul 02.