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AF | BCMR | CY2002 | 0102881
Original file (0102881.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-02881
            INDEX CODE:  100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be  changed  to  reflect  "1C,"  vice
"2C."

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge  was  based  on  his  failure  in  his  guaranteed  Air  Force
Specialty (AFS).  He was told that he would be eligible to  reenlist  if  he
did not appeal the decision to separate him,  however  Air  Force  and  Navy
recruiters told him otherwise.  The applicant's complete  submission  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Feb  01.   On  17 May  01,
applicant was notified by his commander that he was recommending that he  be
separated from the Air Force under the provisions of AFPD 36-32 and AFI  36-
3208,  paragraph  5.22.2  for  entry-level  performance  and  conduct.   The
specific reasons for his  action  were  his  failure  to  make  satisfactory
progress in a required training program.  He was advised of  his  rights  in
this  matter.   On  that  same  date,  he  acknowledged   receipt   of   the
notification, waived his right  to  consult  counsel,  and  elected  not  to
submit statements on his own behalf.  In a legal  review  of  his  case  the
assistant staff judge advocate found the case legally sufficient and  on  22
May 01,  the  group  commander  directed  that  he  be  separated.   He  was
separated on 30 May 01.  He served 3 months and 4 days on active duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant's military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  reviewed  applicant's  request  and  recommends  denial.   DPPRS
states that he was eliminated from the Security  Forces  technical  training
course for academic deficiency after failing the first written  test,  twice
with scores of 52 and 62.  The minimum passing score is 70  percent.   Prior
to his disenrollment he was counseled concerning his  academic  failure  and
received 4 hours of special individualized assistance.  His  separation  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge  regulation  and  his  uncharacterized  character  of  service  is
correct.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE reviewed applicant's request and states that the  applicant's  RE
code of 2C "Involuntarily separated with an honorable  discharge;  or  entry
level separation without  characterization  of  service"  is  correct.   The
DPPAE evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 15 Feb 02, 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 that would warrant a change to  his
RE code.  We agree with the opinion and  recommendation  of  the  Air  Force
office of primary responsibility that the RE code which was assigned at  the
time  of  his  separation  accurately  reflects  the  circumstances  of  his
separation and evidence has not been provided that would lead us to  believe
otherwise.  Therefore, in the absence of evidence to the contrary,  we  find
no compelling  basis  to  recommend  granting  the  relief  sought  in  this
application.

4.  Sufficient relevant  evidence  has  been  provided  to  demonstrate  the
existence of probable injustice that would warrant a change  in  the  reason
for separation.  After reviewing his submission and the evidence of  record,
we  are  persuaded  that  some  relief  is  warranted.   We  note  that  the
separation action taken against the applicant was  in  accordance  with  the
applicable instruction.  However, after reviewing the  evidence  of  record,
it is our opinion that the narrative reason for his entry-level  separation,
"entry-level  performance  and  conduct,"   is   overly   harsh.    In   our
deliberation 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 his own 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  that  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 30 May 2001.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  01-02881  in
Executive Session on 27 Mar 02, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. James W. Russell III, Member
      Ms. Barbara J. White-Olson, Member

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

     Exhibit A.  DD Form 149, dated 3 Oct 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 10 Dec 01.
     Exhibit D.  Letter, AFPC/DPPAE, dated 31 Jan 01.
     Exhibit E.  Letter, SAF/MRBR, dated 15 Feb 02.




                             TERRY A. YONKERS
                                             Panel Chair





AFBCMR 01-02881




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 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 30 May
2001.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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