RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01907
		INDEX CODE:  112.10

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be upgraded.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He worked in a very negative and uncomfortable work environment.  He had individuals who deliberately tried to sabotage his military career.  It was not his decision to separate from the military and he believes that one year and seven months is not a sufficient amount of time to determine whether or not a person can handle the military.  He knows for a fact that he can be a valuable asset to the military and can do nothing but improve if he was to reenter.  In support of his request, he states that he filed complaints to social actions and the base IG concerning his squadron.  He is a United States citizen and should be treated with justice, no matter what the circumstances are.  He is not trying to prove anyone wrong.  He just wants fair treatment.

Applicant submits a copy of his DD Form 214.  Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 9 February 2000, the applicant enlisted in the Regular Air Force for 4 years.  He was progressively promoted to the grade of airman first class (E-3).  Following his successful completion of basic military and technical training, he was assigned to duties as an environmental apprentice, on or about 10 August 2000.

On 26 November 2001, the commander notified the applicant that he was recommending a general discharge for misconduct.  Reasons for the action were:  an Article 15 and Unfavorable Information File established in October 2001 for being disrespectful in language to a senior noncommissioned officer (SNCO) and dereliction in performance of duties for failure to clean the inside of an engine compartment in a vehicle, for which he was reduced to airman and reprimanded; five Letters of Reprimand (3 July 2001, 20 August 2001, 12 October 2001, 18 October 2001 and 24 October 2001) for being disrespectful to an SNCO, failing dormitory room inspection and disobeying a lawful order; and five Letters of Counseling   (7 September 2000, 12 October 2000, 18 October 2000, 15 November 2000 and 12 December 2000) for failure to go, disobeying lawful orders, uniform violation and being disrespectful to an NCO.  Applicant consulted with the Area Defense Counsel and submitted statements for consideration to his commander.  He requested consideration for probation and rehabilitation (P&R) and an honorable discharge.  The base legal services reviewed the case and found it legally sufficient to support the discharge.  The discharge authority considered P&R, but concluded that further attempts at rehabilitation were not appropriate, approved the separation and ordered a general discharge on 3 December 2001.

The Air Force Discharge Review Board (AFDRB) denied applicant’s request for an upgrade of discharge on 21 August 2002.  A copy of the AFDRB hearing record is attached at Exhibit B.

On 19 March 2003, the AFBCMR considered and denied applicant’s request to that his general discharge be upgraded to honorable.  A complete copy of the Record of Proceedings is attached at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that they believe 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.

A complete copy of the evaluation is attached at Exhibit D.

AFPC/DPPAE states that the Reenlistment Eligibility (RE) code of 2B, “Separated with a general or under other than honorable conditions,” is correct.

A complete copy of their evaluation is attached at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 July 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the evidence of record, we are not persuaded that the applicant’s records are in error or that he has been the victim of an injustice.  His contentions are noted; however, in our opinion, the comments provided by the appropriate Air Force offices adequately address those allegations.  Therefore, we agree with the opinions and recommendation of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

_________________________________________________________________

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, BC-2003-01907, in Executive Session on 28 August 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 2 Jun 03, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Record of Proceeding, dated 14 May 03, w/atch.

	Exhibit D.	Letter, AFPC/DPPRS, dated 12 Jun 03.
	Exhibit E.	Letter, AFPC/DPPAE, dated 10 Jul 03.
	Exhibit F.	Letter, SAF/MRBR, dated 18 Jul 03.