RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-02299
INDEX CODE:  112.10
	XXXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXX					HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT: 

His reenlistment eligibility (RE) code 2P (AWOL, deserter dropped from rolls) be changed to enable him to enlist in the Air Force Reserve; his DD Form 214, Report of Separation From Active Duty, be corrected to show his date of enlistment as 2 October 1978 versus 1 October 1976; and his DD Form 214 be corrected to reflect his awarded Air Force Specialty Code (AFSC) as 81132, Apprentice Law Enforcement Specialist, instead of 99004, Unclassified Airman.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The enlistment date on his DD Form 214 is wrong.  He was not the age of 16 when he entered the military.  His RE Code on his DD Form 214 indicates he was absent without leave (AWOL); however, he was never AWOL.  He was not a disciplinary problem.  His DD Form 214 needs to reflect he was awarded the AFSC of Law Enforcement Specialist.

The applicant provided no evidence in support of his appeal.  The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 2 October 1978, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1) for a period of four years.  The applicant was trained in AFSC 81132, Apprentice Law Enforcement Specialist.  He was promoted to the grade of airman (E-2), effective and with a date of rank of 2 April 1979.  He received one Airman Performance Report (APR) for the period 1 October 1978 through 6 July 1979, in which the overall evaluation was 4.  The APR was referred to the applicant on 12 July 1979; however, he did not submit comments for review by the indorser.  

The applicant received five Letters of Counseling (LOC) and a Letter of Admonishment during the period of 29 March 1979 and 11 June 1979 for a variety of inappropriate behaviors to include; poor attitude, tardiness, missing a mandatory appointment and for off duty police activities and conduct.  On 6 July 1979, his Squadron Section Commander notified the applicant of his placement on the Control Roster for a period of 120 days for repeated failure to maintain standards.  The applicant acknowledged receipt on 6 July 1979 without comment.

On 10 June 1979, the applicant was referred for a commander- directed psychiatric evaluation because of his various problems on and off duty.  Mental Health Services hospitalized the applicant from 27 July 1979 to 7 September 1979 for observation and evaluation.  The attending psychiatrist diagnosed the applicant with immature personality disorder, chronic, mild.  The psychologist indicated that the applicant was qualified for worldwide duty with temporary restriction for participation in the Personnel Reliability Program (PRP). It was noted that the applicant’s intellectual functions and intelligence were unimpaired.  The psychiatrist recommended that the applicant be reevaluated in six months to address his PRP restriction.  The psychiatrist discussed the diagnosis with the applicant and told him that if his character and behavior disorder continued to affect his line of duty, he could be considered for administrative separation upon the discretion of concerned authorities.  The applicant verbalized his understanding of the evaluation.

On 19 July 1979, the applicant’s commander notified the applicant that he was permanently disqualified to bear firearms in accordance with AFR 125-26, paragraph 9a(1).  On 20 July 1979, the applicant acknowledged receipt without comment.  On 19 July 1979, the applicant’s AFSC 81132 was withdrawn and he was awarded the AFSC 99004.

On 12 September 1979, the applicant’s commander notified the applicant of his intent to recommend him for discharge based on his failure to maintain job proficiency and noncontributory performance to the unit mission.  The applicant acknowledged receipt, waived his right to consult legal counsel, and waived his right to submit statements in his own behalf for retention in the Air Force.  On 13 September 1979, the commander signed a recommendation to the discharge authority for the applicant’s discharge based on failure to maintain job skill proficiency and noncontributory performance to unit mission.  On 21 September 1979, the discharge authority approved the recommended separation under the provisions of AFR 39-10, Chapter 3, Paragraph 3-81. 

The applicant was discharged under honorable conditions effective 28 September 1979 with a reentry code of 2P (AWOL, deserter dropped from rolls).  He had served 11 months and 27 days on active duty.

An error on the applicant’s DD form 214 was discovered and corrected on 9 October 1996, changing the applicant’s enlistment date from 1 October 1976 to 2 October 1978.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAC addressed the issue of the applicant’s awarded AFSC.  It is a mandatory requirement for entry, award and retention of AFSC 81132 to be able to bear firearms per AFR 39-1, Airman Classification, Attachment 47.  A thorough review of the applicant’s personnel records substantiates his AFSC 81132, Apprentice Law Enforcement Specialist, was withdrawn effective 19 July 1979.  Since the applicant did not possess any other awarded AFSC, the AFSC 99004, Unclassified Airman, was appropriately awarded.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in his AFSC 81132 withdrawal.  DPPAC recommends the applicant’s records remain the same and his request be denied.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPRS reviewed the applicant’s case and recommends denial.  DPPRS concluded the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge proceedings.  On 16 September 2002, DPPRSP forwarded a copy of the DD Form 215, Correction to DD Form 214; dated 9 October 1996; correcting the applicant’s enlistment date from 1 October 1976 to 2 October 1978.  The DPPRS evaluation is at Exhibit D.

AFPC/DPPAES reviewed the applicant’s case and concluded that a correction to the applicant’s RE Code is appropriate.  A DD Form 215 was issued on 6 January 2003 correcting the applicant’s RE code from 2P to 2C.  The applicant was notified and sent copies of the correction on 6 January 2003.  The DPPAES evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 10 January 2003, for review and comment within 30 days (Exhibit F).  As of this date, this office has received no response.

_________________________________________________________________

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.  The applicant’s records were corrected on 9 October 1996 to reflect his enlistment date from 1 October 1976 to 2 October 1978.  The applicant’s DD Form 214 was amended on 6 January 2003 to change his RE Code from 2P to 2C.  Evidence has not been presented which would lead us to believe that the applicant’s corrected RE code and separation code, which are directly related to his involuntary honorable discharge, are improper or contrary to the provisions of the governing regulations.  The record shows that less than six months after his enlistment, the applicant began to experience numerous problems adapting to military life and standards.  Following a mental health evaluation, a military psychologist diagnosed a character and behavior disorder and recommended that if the applicant’s disorder continued to affect his duty performance, he could be considered for administrative separation at the discretion of concerned authorities.  Other than his own assertions, we have seen no evidence by the applicant indicating the information contained in his medical records and discharge case file is erroneous, he was not afforded all rights to which he was entitled, or that his commanders abused their discretionary authority.  We find the applicant has failed to sustain his burden for providing a showing of error or injustice.  Accordingly, the applicant’s request is not favorably considered. 

_________________________________________________________________

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 this application in Executive Session on 19 February 2002, under the provisions of AFI 36‑2603:

The following documentary evidence for AFBCMR Docket Number 02‑02299 was considered:

     Exhibit A.  DD Form 149, dated 14 Jul 02.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAC, dated 29 Aug 02.
     Exhibit D.  Letter, AFPC/DPPRS, dated 23 Sep 02.
     Exhibit E.  Letter, AFPC/DPPAES, dated 24 Dec 02.
     Exhibit F.  Letter, SAF/MRBR, dated 10 Jan 03.