RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01254
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his RE code changed to reenlist into another branch of
the service. He indicates that he successfully completed basic
training, however, while in technical school for Security Forces he
had difficulty passing the test for that career field. He inquired
about cross training into another field but was told that was not an
option.
In support of his appeal, the applicant provided a personal statement,
a letter from the Army Recruiting Station, Waldorf, MD, dated 3 April
2002 and other documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 19 June 2001 in the
grade of airman basic for a period of four (4) years.
On 24 October 2001 applicant was notified of his commander's intent to
initiate discharge action against him for entry level performance or
conduct. The specific reason was as follows:
You have failed to make satisfactory progress in a required
training program. Specifically, you were eliminated from the Security
Forces technical training course for academic deficiency after failing
the first written test three times with scores of 56%, 60%, and 64%;
minimum passing is 70%. Prior to your disenrollment you were
counseled concerning your academic failure and received 4 hours
Special Individualized Assistance. Efforts to improve your
performance have met with negative results. As a result, you were
disenrolled from the Security Forces technical training course on 18
October 2001.
On 25 October 2001, the Assistant Staff Judge Advocate recommended
that the applicant be separated from the service with an Entry Level
Separation.
On 29 October 2001, the applicant’s discharge was approved.
Applicant was discharged on 20 November 2001, in the grade of airman
basic with an Entry Level Performance and Conduct discharge, under the
provisions of AFI 36-3208. He served a total of 5 months and 2 days
of total active military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommended denial. They indicated 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 and errors or injustices that
occurred in the discharge processing. He provided no other facts
warranting a change in his discharge. Accordingly, they recommend his
records remain the same.
The evaluation is at Exhibit C.
AFPC/DPPAE recommended denial. They indicated that the applicant was
discharged on 20 November 2001, after serving five (5) months and two
(2) days active service. The Reenlistment Eligibility (RE) code of
2C, “Involuntary separated with an honorable discharge; or entry level
separation without characterization of service” is correct.
The evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 2 August 2002, copies of the evaluations were forwarded to the
applicant for review and response within thirty (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 an error or an injustice warranting a change in the
applicant’s RE code. We took notice of the applicant's complete
submission in judging the merits of the case; however, we agree with
the opinions and recommendations of the Air Force and adopt their
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. The Board believes that
responsible officials applied appropriate standards in effecting the
separation, and the Board does not find persuasive evidence that
pertinent regulations were violated or that applicant was not afforded
all the rights to which entitled at the time of discharge. 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 presented to demonstrate
the existence of an error or an injustice warranting a change in the
narrative 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 inaccurate. 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 20 November 2001.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number 02-
01254 in Executive Session on 25 September 2002, under the provisions
of AFI 36-2603:
Mr. Lawrence R. Leehy, Panel Chair
Mr. E. David Hoard, Member
Ms. Diane Arnold, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 April 2002, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 4 June 2002.
Exhibit D. Letter, AFPC/DPPAE, dated 30 July 2002.
Exhibit E. Letter, SAF/MRBR, dated 2 August 2002.
LAWRENCE R. LEEHY
Panel Chair
AFBCMR 02-01254
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 20 November 2001.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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