RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  02-02111
		INDEX CODE 100.06  110.02
	 	COUNSEL:  None

	 	HEARING DESIRED:  No
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APPLICANT REQUESTS THAT:

His separation program designator (SPD) code of “JGA” (Entry level performance and conduct) and reenlistment eligibility (RE) code of “2C” (Involuntarily separated with an honorable discharge or entry level separation without characterization of service) be changed so he can reenlist.

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APPLICANT CONTENDS THAT:

At the time of the incident, he and the individual were in an argument and both exchanged inappropriate words. This was an isolated incident not an appropriate reason to discharge him. He was not given a specific reason why he was being separated or why he was “unable to adapt.” He now has the maturity and responsibility that is required to succeed in the Air Force.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 29 Jul 98. He was counseled on 19 Oct 98 for failing his block test. On 29 Oct 98, he was sent to correctional custody for missing physical conditioning (PC) and being late for class several times.  On 4 Nov 98 he again failed to show up for PC and school. On 9 Nov 98, he missed PC for the third time and received a Letter of Reprimand (LOR).  On 11 Dec 98, he received another LOR for threatening to throw an airman through a window. The applicant was given an entry-level separation on 17 Dec 98 after 4 months and 19 days of active service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPRSP provided their rationale for recommending denial.

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPAE confirmed the accuracy of the RE code.

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 27 Sep 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 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.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his SPD and RE codes should be changed. Applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. In this regard, he has not demonstrated that his misconduct and separation in less than 180 days of service warrant anything other than the SPD and RE codes he received. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above 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 10 December 2002, under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number 02-02111 was considered:

   Exhibit A.  DD Form 149, dated 18 Jun 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRSP, dated 25 Jul 02.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 18 Sep 02.
   Exhibit E.  Letter, SAF/MRBR, dated 27 Sep 02.

                                   Panel Chair