RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02800
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be returned to duty to finish out his time in the military.
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APPLICANT CONTENDS THAT:

He would like to finish out his time as a disabled veteran.

Supporting documents have not been submitted.  The applicant’s complete submission is at Exhibit A.
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STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 17 Mar 71 for a period of 4 years.  He was progressively promoted to the grade of airman, with an effective date and date of rank of 28 Apr 71.

On 19 Aug 71, the applicant received notification that he was being recommended for discharge.  The reason for this action was his unsuitability due to character and behavior disorders, as evidenced by two letters from the Chief, Psychiatry Service.  The Chief, Psychiatry Service, stated that there was a strong character and behavior disorder of a passive aggressive type with both passive and aggressive tendencies.  The applicant consulted legal counsel, but waived his rights to a hearing before an administrative discharge board and did not submit statements.  He received an honorable discharge on 27 Aug 71 under the provisions of AFM 39-12 (Unsuitability-character-behavior disorder).  He had completed a total of 5 months and 11 days and was serving in the grade of airman (E-2) at the time of discharge.  He received an RE Code of 2, which defined means "ineligible to reenlist.”

On 17 Apr 75, applicant applied to the Air Force Board for Correction of Military Records (AFBCMR) for correction of his reenlistment eligibility (RE) code, Docket Number SAFCB 75-3887.  His application was denied by the Board on 7 Nov 75.  On 10 Nov 75, the applicant was notified of the Board’s decision.

Applicant's request to have his RE code changed was denied by the Air Force Discharge Review Board (AFDRB) on 8 Aug 75.  A copy of the AFDRB Hearing Record is appended at Exhibit C.
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AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied.  DPPRS states that based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the 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.  Additionally, he provided no facts warranting an upgrade of his discharge.  The HQ AFPC/DPPRS evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 4 October 2002 for review and response.  As of this date, no response has been received by this office (Exhibit E).
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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 reviewing the evidence of record, we are unpersuaded that the applicant’s records are in error or that he has been the victim of an injustice.  The applicant did not provide persuasive evidence showing the information in the discharge case file was erroneous, his substantial rights were violated, or that his commanders abused their discretionary authority.  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 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 Mar 03, under the provisions of AFI 36‑2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number 02-02800.

   Exhibit A.  DD Form 149, dated 26 Aug 02.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFDRB Hearing Record, dated 8 Aug 75.
   Exhibit D.  Letter, HQ AFPC/DPPRS, undated.
   Exhibit E.  Letter, SAF/MRBR, dated 4 Oct 02.