RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00959
		INDEX CODE:  100.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to one that will allow him to enlist in the United States Navy.

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APPLICANT CONTENDS THAT:

He joined the Air Force immediately following high school and was immature.  However, he contends that the Air Force recruiter told him that his test scores were high enough that he would qualify for any computer career field he desired.  He was subsequently assigned to a Ground Radio Maintenance career field.  He was not happy but contends that he tried to get through the school.  He further contends that he asked the person serving him with discharge notification whether or not he would be eligible to reenlist.  The person told him that he would be able to reenlist as his discharge was a General discharge.  Applicant would like to enlist with the US Navy but cannot because of the RE code he was discharged with.

In support of his appeal, applicant has included a personal statement.

His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 September 2001 and attained the grade of Airman (AMN/E-1) with a date of rank of 15 April 2002.  On 30 April 2002, he received a Letter of Reprimand (LOR) for not having required paperwork on his person on 4 and 5 April 2002, and for carrying a cellular phone while in uniform.  On 5 February 2002, he failed the Block 4 test of his training course.  On 25 April 2002, he failed the Block 3 test of his training course.  On 13 June 2002, he failed the Block 5 test of his training course.  The applicant was counseled for several other infractions including not doing homework, needing a haircut, improper wear of the military uniform, and many others.  On 26 June 2002, applicant was notified that he was being discharged under the auspices of Air Force Instruction (AFI) 36-3208, for unsatisfactory duty performance and minor disciplinary infractions.  The discharge was found legally sufficient on     10 July 2002 and the applicant was subsequently discharged with a general discharge.  His service characterization was listed as uncharacterized as the applicant had not completed his first term of enlistment.  Probation and Rehabilitation (P&R) was not recommended.  His discharge was effective 18 July 2002, after having served for 10 months.

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this application and recommended denial.  DPPRS notes that the basis for the discharge action against the applicant was numerous counseling’s for failing to make passing grades, failure to comply with AF standards, derelict in performance of duties, incomplete homework assignments, failure to comply with verbal and written instructions, and failure to keep his dorm room clean and in inspection order.  The applicant had 26 incidents of minor infractions over a 6-month period.  DPPRS states that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and within the discretionary powers of the discharge authority.  No new evidence or any identification of error or injustice has been presented to warrant a change to the discharge.

DPPRS’s complete evaluation is attached at Exhibit C.

AFPC/DPPAE has reviewed this case and verified that the RE code of 2B, “Separated with a general or under-other-than-honorable-conditions” discharge, is correct.

DPPAE’s complete 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 the applicant on 4 June 2003 for review and comment within 30 days.  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 error or injustice.  After a thorough review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertions of an increase in maturity, in and of itself, sufficiently persuasive to override the rationale provided by the Air Force.  Additionally, we are not convinced that his record of 26 minor infractions over a six-month period could be attributed solely to immaturity.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility 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 injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 AFBCMR Docket Number BC-2003-00959 in Executive Session on 17 July 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Mar 03. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 14 Apr 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 2 Jun 03.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Jun 03.

                                   
                                   Panel Chair