RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00262 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. His separation and reenlistment eligibility (RE) codes be changed so that he can reenter the Air Force. 2. His uncharacterized entry-level separation be changed to an honorable discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: He did not fully understand this type of discharge would prohibit him from future military service. He was suffering from a mental hardship dealing with his father’s terminal illness, and had a hard time staying focused on his career specialty training. He was told that he would be able to reenter the military after six months. He went to see a recruiter in Jan 09, and was told the code on his DD Form 214, Certificate of Release or Discharge from Active Duty, is prohibiting him from joining the military. In support of his request, the applicant provides a personal statement, and his DD Form 214. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 8 Dec 99. He was progressively promoted to the grade of airman. On 5 Apr 00, the applicant was notified by his squadron commander that he was recommending he be discharged from the Air Force for unsatisfactory performance – failure to make satisfactory progress in a required training program. The reason for the proposed action was the applicant was eliminated from the Security Forces technical training course for academic deficiency after failing Block II three times with scores of 68, 36, and 44, the minimum passing score is 70. Prior to applicant’s disenrollment, he was counseled concerning his academic failure and received three hours of Special Individualized Assistance. Efforts to improve his performance were met with negative results. The applicant acknowledged receipt of the discharge notification, and waived his right to consult with counsel, and to submit statements in his own behalf. The base legal office found the case legally sufficient to support the separation. The discharge authority approved the separation, and on 11 Apr 00, the applicant received an uncharacterized entry level separation, by reason of entry-level performance and conduct, and was issued an RE code of 2C (Involuntarily separated with an uncharacterized entry-level separation). He served on active duty for a period of four months and four days. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial. DPSOS states that based on the documentation on file in the master personnel records, the discharge, to include the service characterization, was appropriately administered and within the discretion of the discharge authority. The applicant provided no evidence of an error or injustice in the processing of his discharge warranting a change to his character of service, separation code, or narrative reason for separation. The complete DPSOS evaluation is at Exhibit C. HQ AFPC/DPSOA recommends denial of the applicant’s request for a change in his RE code. The 2C RE code is the only authorized RE code for members who receive an entry level separation with an uncharacterized character of service. The complete DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 22 May 09, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received. _________________________________________________________________ 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 an error or injustice. The applicant has provided no evidence showing that his separation and RE codes are in error or contrary to the prevailing instruction. The applicant’s discharge appears to be in compliance with the governing instruction and we find no evidence to indicate that his separation was inappropriate. Therefore, his uncharacterized character of service is correct and in accordance with DoD and Air Force instructions. An entry-level/ uncharacterized separation should not be viewed as negative and should not be confused with other types of separation. The RE code which was issued at the time of the applicant’s separation accurately reflects the circumstances of his separation and we do not find this code to be in error or unjust. We therefore, conclude that no basis exists upon which to recommend favorable action on his request that it be changed. Therefore, in the absence of persuasive evidence to the contrary, we adopt the rationale provided by the Air Force offices of primary responsibility as the basis for our conclusion that the applicant has not been the victim of an error or injustice and conclude that no basis exists to recommend granting the relief sought in this application. 4. Notwithstanding the above, after reviewing the applicant’s submission and the evidence of record, we are persuaded that some relief is warranted. We note the discharge action taken against the applicant was in accordance with the applicable instruction. However, we find the narrative reason for his entry level separation; i.e., entry level performance and conduct, to be unjust. In our deliberations of this case, it appears to us the words “and conduct” could be misconstrued to infer his separation for academic deficiency was also due to misconduct. While the applicant may have had problems progressing in the required technical training courses, we have seen no evidence of misconduct. Therefore, in order to correct an injustice of improperly labeling the applicant, his narrative reason for separation should be corrected to accurately reflect the circumstances of his separation. In view of the foregoing, we recommend the applicant’s records be corrected by deleting the words “and conduct” from his narrative reason for separation. ______________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his entry level separation on 11 April 2000, be, and hereby is, amended by deleting the words “and conduct” from Block 28 (Narrative Reason for Separation). _______________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00262 in Executive Session on 26 Aug 09, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to Docket Number BC-2009-00262 was considered: Exhibit A. DD Form 149, dated 11 Feb 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 8 Apr 09. Exhibit D. Letter, AFPC/DPSOA, dated 7 May 09. Exhibit E. Letter, SAF/MRBR, dated 22 May 09. Panel Chair AFBCMR BC-2009-00262 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his entry level separation on 11 April 2000, be, and hereby is, amended by deleting the words “and conduct” from Block 28 (Narrative Reason for Separation). Director Air Force Review Boards Agency