RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00796
		INDEX CODE:  110.03

		COUNSEL:  NONE

		HEARING DESIRED: NOT INDICATED

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APPLICANT REQUESTS THAT:

His Reenlistment eligibility (RE) code be changed from 2B, Discharged under General or other-than-honorable conditions, to 1A, Ineligible to reenlist, but condition waived. 

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APPLICANT CONTENDS THAT:

During his time in the Air Force he had adjustment problems.  He was away from home for the first time and made bad judgments based on his adjustment problems and his mother’s illness.  He was never arrested or in corrective custody.  He admits to not listening to his fellow airmen or the Non Commissioned  Officers (NCO’s) over him.  He was 19 and homesick and did not know how to adjust to military life.  He is now 27 years old and in great physical and mental health.  While others are afraid to enlist because of Iraq, he is attempting to reenter the service.  Everyone makes mistakes and his leaving the Air Force was the biggest mistake he has ever made.  He is hoping for a second chance to serve.

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

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

He enlisted in the Regular Air Force on 13 January 1999.  He was progressively promoted to the grade of airman with a date of rank of 13 July 1999.  On 3 August 1999, he received a letter of reprimand (LOR) for using threatening language.  On 9 March 2000, he received an Article 15 for wrongfully opening and stealing compact disc games from certain mail.  His punishment was reduction to airman basic and forfeiture of $200 per month for two months.  On 10 May 2000, he received another Article 15 for being absent without leave and disobeying a lawful order to report his status.  His punishment was restriction to base for 45 days and 45 days extra duty.  He received a General discharge for Misconduct – Minor Disciplinary Infractions on 28 July 2000 after having served for 1 year, 6 months, and 16 days.  The AFDRB initially reviewed and denied his request to change his discharge and his RE code to one that would allow him to reenlist on 27 August 2002.  On 8 December 2003, the AF Discharge Review Board (AFDRB) reviewed his request again and again decided to deny his request.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states the documentation on file in his master personnel records shows his discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the power of the discharge authority.  Further, the applicant did not submit any evidence or identify any errors or injustices that occurred during his discharge.  He provided no facts warranting a change to his under honorable conditions (general) discharge or RE code.

DPPRS’s complete evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  DPPAE states they considered documents submitted by the applicant and conducted a review of his personnel record that ultimately revealed no evidence to support the course of action requested by the applicant.

DPPAE’s complete evaluation is 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 27 April 2007 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, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  The discharge appears to be in compliance with the governing AFI and we find no evidence to indicate that his separation from the Air Force was anything but appropriate.  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-2007-00796 in Executive Session on 14 June 2007, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Panel Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Mar 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 22 Mar 07
    Exhibit D.  Letter, AFPC/DPPAE, dated 16 Apr 07
    Exhibit E.  Letter, SAF/MRBR, dated 27 Apr 07.

                                   XXXXXXXXXX
                                   Panel Chair