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AF | BCMR | CY2002 | 0200007
Original file (0200007.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00007
            INDEX NUMBER:  110.00

      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_______________________________________________________________

APPLICANT REQUESTS THAT:

Applicant requests that his  “2C”  reentry  (RE)  code,  “Involuntarily
separated with  an  honorable  discharge,  or  entry  level  separation
without characterization of service” be changed to  “3C,”  “First  Term
airman not yet considered under the selective reenlistment program.”

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was originally supposed to receive a “3C” RE code, but was  given  a
“2C’ instead.  He was discharged from service after only  three  months
due to his failure to meet weapons  training  requirements.   He  would
like a less punitive RE code so that he may reenlist in the Air Force.

In support of his appeal, applicant has  attached  several  letters  of
recommendation.

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

_______________________________________________________________

STATEMENT OF FACTS:

According to documents provided by the  applicant,  he  entered  active
duty on 29 Aug 00.  On 17 Nov 00, his  flight  commander  notified  him
that he was recommending his discharge from the Air  Force  for  “Entry
Level Performance and Conduct.”  The reason for the action was that the
applicant failed to make satisfactory progress in a  required  training
program.  Specifically, he was  eliminated  from  the  Security  Forces
technical training course for weapons failure after failing to  qualify
on the M-16A2 rifle after five times with scores less than the  minimum
required of 25.  The applicant acknowledged receipt on 17  Nov  00  and
waived his right to consult counsel and to  submit  statements  in  his
behalf.  After legal review and concurrence by  the  appropriate  level
commanders, applicant was discharged from the Air Force on  28  Nov  00
with an  entry  level  separation  with  uncharacterized  character  of
service.  He was issued a Rennlistment Eligibility Code of “2C.”

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this application  in  regards  to  the  applicant’s
entry level separation.  Based on their review of documentation in  the
file, they believe the discharge was consistent with the procedural and
substantive requirements of the discharge regulation.  Airmen are given
entry-level  separation/uncharacterized  service  when  separation   is
initiated within the first 180 days of continuous active service.

The complete evaluation is at Exhibit C.

AFPC/DPPAE recommends denial of the applicant’s request to  change  his
RE code.  The RE code of “2C” is correct.  AFI 36-2606, Reenlistment in
the United States Air Force, precludes airmen from  separating  with  a
“3C” code as the applicant claims he was supposed to receive.

The complete evaluation is at Exhibit D.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant  on
26 Apr 02 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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate
the existence of error or injustice regarding the applicant’s RE  code.
We accept the findings contained in the Advisory  Opinion  prepared  by
AFPC/DPPAE and find no basis to grant the relief requested.

4.  Sufficient relevant evidence has been presented to demonstrate  the
existence of error or injustice warranting a change in the  reason  for
separation.  After  reviewing  the  complete  evidence  of  record  and
weighing the circumstances that led to the  applicant’s  discharge,  we
believe that the inclusion of the phrase “and conduct” as part  of  the
reason for the applicant’s discharge is  inaccurate  and  unfair.   The
evidence of record does not document any misconduct by  the  applicant,
only training  deficiencies  that  eventually  led  to  his  discharge.
Therefore, in the interest of fairness and justice, we  recommend  that
the words “and conduct”  be  deleted  from  the  narrative  reason  for
applicant’s discharge and his records be corrected as indicated below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT, be  corrected  to  show  that  the  phrase  “and
conduct” be deleted from Block 28 (Narrative Reason for Separation)  on
his DD Form 214, Certification of  Release  or  Discharge  from  Active
Duty, issued on 28 November 2000.

_______________________________________________________________

The following members of the Board considered Docket Number 02-00007 in
Executive Session on 5 June 2002, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Mr. John B. Hennessey, Member
      Mr. Michael Maglio, Member

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

     Exhibit A.  DD Form 149, dated 11 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPPRS , dated 4 Feb 02.
     Exhibit D.  Letter, SAF/MIBR, dated 26 Apr 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

AFBCMR 02-00007


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 XXXXXXXXX, XXX-XX-XXXX, be corrected to show that
the words “and conduct” be deleted from Block 28 (Narrative Reason
for Separation) on his DD Form 214, Certification of Release or
Discharge from Active Duty, issued on 28 November 2000.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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