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AF | BCMR | CY2002 | 0200056
Original file (0200056.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00056
            INDEX CODE:  110.00, 100.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code  of  2C  be  changed  to  allow
eligibility to reenter the Air Force.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was put into a school he was not qualified for.  It has been  seven
years since his separation  and  he  feels  he  can  now  make  better
decisions.

In support of his request, applicant submits copies of his DD Form 293
(Application for the Review of Discharge or Dismissal from  the  Armed
Forces of the  United  States)  and  DD  Form  214.   The  applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular Air Force on 26 Apr
95 for a period of 4 years.  On 20  Oct  95,  the  applicant  received
notification that he was being recommended  for  discharge  for  entry
level performance or conduct.  The reason  for  this  action  was  the
applicant’s failure  to  make  satisfactory  progress  in  a  required
training  program.   He  received  an  uncharacterized   entry   level
separation on 26 Oct 95 under the provisions  of  AFI  36-3208  (entry
level performance and conduct).  He had completed a total of 6  months
and 1 day and was serving in the grade of airman basic  (E-1)  at  the
time of separation.  He received an RE Code of 2C, which defined means
"Involuntarily separated with an honorable discharge;  or  entry-level
separation without characterization of service."
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS stated that the applicant failed  nine  progress  checks
and was given seven hours  of  individual  assistance,  with  negative
results.  Based upon the documentation in the file, DPPRS believes the
discharge  was  consistent  with  the   procedural   and   substantive
requirements of the discharge regulation.  DPPRS indicated that airmen
are    given    entry-level     separation/uncharacterized     service
characterization when separation is initiated in the first 180 days of
continuous active service.  The applicant’s uncharacterized  character
of service is correct and in accordance with Department of Defense 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 HQ AFPC/DPPRS evaluation is at Exhibit C.


HQ AFPC/DPPAE stated that the applicant’s RE code of  2C  is  correct.
The HQ AFPC/DPPAE evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  28
June 2002 for review and response.  As of this date, no  response  has
been received by this office (Exhibit E).
_________________________________________________________________

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 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.    Notwithstanding the above, we find the narrative reason for  the
applicant’s entry level separation; i.e., “entry level performance and
conduct,” to be inaccurate.  In our deliberations  of  this  case,  it
appeared to us that the word “conduct” could be misconstrued to  imply
that  his  separation  for  academic  deficiency  was  also   due   to
misconduct.  While the applicant may have had problems progressing  in
the required technical training course, 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  26
October 1995.
_________________________________________________________________

The following members of the Board considered Docket  Number  02-00056
in Executive Session on 15 August 2002, under the provisions of AFI 36-
2603:

                  Mr. Thomas S. Markiewicz, Vice Chair
                  Mr. Philip Sheuerman, Member
              Mr. Billy Baxter, Member

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

   Exhibit A.  DD Form 149, dated 19 Jan 02, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPRS, dated 26 Feb 02.
   Exhibit D.  Letter, HQ AFPC/DPPAE, dated 18 Jun 02.
   Exhibit E.  Letter, SAF/MRBR, dated 28 Jun 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair



AFBCMR 02-00056




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 26 October 1995.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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