RECORD OF PROCEEDINGS

          AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


 IN THE MATTER OF:     DOCKET NUMBER:  01-02281
            INDEX CODE:  100.00, 110.00



            COUNSEL:  NONE



            HEARING DESIRED:  NO




 _________________________________________________________________


 APPLICANT REQUESTS THAT:


 His separation and reenlistment eligibility (RE) codes  be  changed
 so that he can reenlist into the military.


 _________________________________________________________________


 APPLICANT CONTENDS THAT:


 He was separated for test failure.   No  misconduct  or  any  other
 factors played a part in his separation.  He  wants  to  serve  his
 country again.


 Applicant’s complete submission is attached at Exhibit A.


 _________________________________________________________________


 STATEMENT OF FACTS:


 The applicant’s Total Active Federal Military Service Date (TAFMSD)
 was 15 Feb 01.


 On 9 May 01, the applicant was notified  that  his  commander  was
 recommending that he be discharged from the Air  Force  for  entry
 level performance and conduct.  The reason  for  this  action  was
 that applicant failed to make satisfactory progress in a  required
 training  program.   Specifically,  he  was  eliminated  from  the
 Security Forces technical training course for academic  deficiency
 after failing the first written test, twice with scores of 60% and
 52% -- the minimum passing was 70%.  Prior to  his  disenrollment,
 he was counseled concerning his academic failure and received four
 hours of Special Individualized Assistance.   Efforts  to  improve
 his performance met with negative results.  As a  result,  he  was
 disenrolled from the Security Forces technical training course  on
 2 May 01.


 On 9 May 01, applicant waived his option  to  consult  counsel  and
 waived his right to submit statements.  The  applicant’s  file  was
 reviewed and found to be legally sufficient to support separation.


 On 15 May 01, applicant was separated from the  Air  Force  in  the
 grade  of  airman  basic  under  the  provisions  of  AFI  36-3208,
 Administrative Separation of Airmen (Entry  Level  Performance  and
 Conduct), and received an uncharacterized entry  level  separation,
 an RE code of 2C and a separation code of JGA  (Entry  Level).   He
 served 3 months and 1 day total active service.


 _________________________________________________________________


 AIR FORCE EVALUATION:


 AFPC/DPPRS reviewed this application and recommends  denial.   They
 state 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 sound discretion of the discharge authority.  Airmen are  given
 entry  level  separation/uncharacterized  service  characterization
 when separation is initiated in the first 180  days  of  continuous
 active service.  The Department of Defense (DOD)  determined  if  a
 member served less than 180 days of continuous active  service,  it
 would be unfair to the member and the service to characterize their
 limited  service.   Therefore,  his  uncharacterized  character  of
 service is correct  and  in  accordance  with  DOD  and  Air  Force
 instructions.  An entry level separation should not  be  viewed  as
 negative or less than honorable and should  not  be  confused  with
 other types of separation.


 A complete  copy  of  the  Air  Force  evaluation  is  attached  at
 Exhibit C.


 AFPC/DPPAE also reviewed this  application  and  indicated  that  a
 review of the applicant’s case file was conducted.  The RE code  of
 2C “Involuntarily separated with an honorable discharge;  or  entry
 level separation without characterization of service”  is  correct.
 However, if the Board feels administrative relief  is  appropriate,
 DPPAE recommends RE code 3K “Reserved for use by HQ AFPC or the Air
 Force Board for Correction of Military  Records  (AFBCMR)  when  no
 other RE code applies or is appropriate.”


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


 _________________________________________________________________


 APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


 Copies of the Air Force evaluations were forwarded to applicant  on
 12 Oct 01 for review and response within 30 days.  As of this date,
 no response has been received by this office.


 _________________________________________________________________






 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  probable   error   or   injustice
 concerning the applicant’s RE code.  The applicant has provided no
 evidence showing that his assigned RE code is in error or contrary
 to the prevailing instruction.  The RE code which  was  issued  at
 the  time  of  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.


 4.  Sufficient relevant evidence has been presented to demonstrate
 the existence of probable error or injustice warranting  a  change
 in the reason for separation.   After  reviewing  the  applicant’s
 submission and the evidence of record, we are persuaded that  some
 relief is warranted.  We note  that  the  discharge  action  taken
 against the  applicant  was  in  accordance  with  the  applicable
 instruction.  However, after reviewing the applicant’s request and
 the evidence of record, we find the narrative reason for his entry
 level separation; i.e., entry level performance and conduct, to be
 overly harsh.  In our deliberations of this case, it  appeared  to
 us that the word “conduct” could be misconstrued to infer that 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  by  deleting  the  words  “and
 conduct” from Block 28 (Narrative Reason for Separation) on his DD
 Form 214, Certificate of Release or Discharge  from  Active  Duty,
 issued on 15 May 2001.


 _________________________________________________________________


 The following members of the Board considered this application  in
 Executive Session on 18 December 2001 and 18 January  2002,  under
 the provisions of Air Force Instruction 36-2603:


                  Mr. Thomas S. Markiewicz, Vice Chair
                  Ms. Martha Maust, Member
                  Mr. Jay Jordan, Member


 All members voted to correct the  records,  as  recommended.   The
 following documentary evidence was considered:


      Exhibit A.  DD Form 149, dated 30 Jul 01, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 31 Aug 01.
      Exhibit D.  Letter, AFPC/DPPAE, dated 1 Oct 01.
      Exhibit E.  Letter, SAF/MRBR, dated 12 Oct 01.








                                    THOMAS S. MARKIEWICZ
                                    Vice Chair







 AFBCMR 01-02281








 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 , be corrected by deleting the words “and
 conduct” from Block 28 (Narrative Reason for Separation) on his DD
 Form 214, Certificate of Release or Discharge from Active Duty,
 issued on 15 May 2001.










           JOE G. LINEBERGER
           Director
           Air Force Review Boards Agency