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AF | BCMR | CY2002 | 0103101
Original file (0103101.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-03101

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) code be changed to allow her to enlist  in
the Air Force, or in the alternative, her RE code be  waived  to  allow  her
enlistment in the Air Force.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

She was separated for academic reasons and not conduct.

The applicant states that through no fault of her own,  she  was  unable  to
pass her test.  She was diagnosed with test anxiety and on her  final  exam,
she was not provided sufficient time to test.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  17  June  1999  for  a
period of four years.

On 5 October 1999,  the  applicant  was  notified  that  her  commander  was
recommending that she be discharged from  the  Air  Force  for  entry  level
performance and conduct.  The reason for this action was that the  applicant
failed to  make  satisfactory  progress  in  a  required  training  program.
Specifically, she failed block exam I (twice) and scores of  60%,  68%,  and
60% -- the minimum passing score was 70%.  Prior to the  disenrollment,  she
was counseled concerning her  academic  failures.   As  a  result,  she  was
disenrolled from the technical training course on 27 September 1999.





On 18 October 1999, the applicant received an  uncharacterized  entry  level
separation from the Air Force in the grade  of  airman  first  class  (E-3),
under the provisions of AFI 36-3208 (Entry Level Performance  and  Conduct),
and was issued an RE code of 2C and a separation code of JGA (Entry  Level).
 She completed 4 months and 2 days of active service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends the  application  be  denied.  AFPC/DPPRS  states,  in
part, that based upon the  documentation  in  the  file,  they  believe  the
discharge was consistent with the procedural  and  substantive  requirements
of the discharge regulation at that time.  Additionally, the  discharge  was
within the sound discretion of the discharge authority.  The  applicant  did
not submit any new evidence  or  identify  any  errors  or  injustices  that
occurred in the discharge processing.

The AFPC/DPPRS evaluation is at Exhibit C.

AFPC/DPPAE states, in part, that RE code 2C  (Involuntarily  separated  with
an honorable discharge, or entry level separation  without  characterization
of service) is correct.

The AFPC/DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluation were forwarded to the  applicant
on 15 March 2002 for review and response within 30  days.   However,  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 error or injustice concerning the  applicant’s  RE  code.   The
applicant has provided no evidence showing that her assigned RE code  is  in
error or contrary to the prevailing instruction.   The  RE  code  which  was
issued at the time of the applicant’s  separation  accurately  reflects  the
circumstances of her 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 her request that it be changed.

4.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice warranting a change in the  reason  for  her
separation.  After reviewing the applicant’s submission and the evidence  of
record, we are persuaded that some relief is  warranted.   It  appears  that
the discharge action taken against the applicant was in accordance with  the
applicable instruction and we find no evidence that her separation from  the
Air Force was  inappropriate.   However,  after  reviewing  the  applicant’s
request and the evidence of record, we find the  narrative  reason  for  her
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  her  separation  for
academic deficiency was also due to misconduct.   While  the  applicant  may
have had problems progressing in the  required  training  program,  we  have
seen  no  evidence  of  misconduct.   Therefore,  in  order  to  correct  an
injustice of improperly labeling the applicant,  her  narrative  reason  for
separation should be corrected to accurately reflect  the  circumstances  of
her separation.  In view of the  foregoing,  we  recommend  the  applicant’s
records be corrected by deleting the words “and conduct” from her  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  her  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, issued on 18 October 1999.

_________________________________________________________________

The following members of the Board  considered  Docket  Number  01-03101  in
Executive Session on 16 April 2002, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. George Franklin, Member
                       Mrs. Carolyn J. Watkins, Member










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

    Exhibit A.  DD Form 149, dated 22 Oct 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 14 Jan 02.
    Exhibit D.  Letter, AFPC/DPPAE, dated 28 Feb 02.
      Exhibit E.  Letter, SAF/MRBR, dated 15 Mar 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair
AFBCMR 01-03101




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 her DD Form 214,
Certificate of Release or Discharge from Active Duty, issued on 18 October
1999.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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