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AF | BCMR | CY2002 | 0201794
Original file (0201794.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01794
            INDEX CODE:  110.00

      APPLICANT  COUNSEL:  None

      SSN   HEARING DESIRED: No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed to honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He failed his block test twice because he was having personal problems
concerning his daughter and was  unable  to  concentrate.   He  always
behaved in an excellent manner and never had  attitude  problems.   He
always tried to do his best.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 16 Oct 01, the applicant enlisted in the Regular Air  Force  as  an
airman basic for a period of four years.

The applicant was notified on 8 Feb 02 that he was  being  recommended
for discharge for unsatisfactory entry-level performance  or  conduct.
The  reason  for  this  action  was  the  applicant  failed  to   make
satisfactory progress in a required training  program.   Specifically,
the applicant failed to score a passing grade on Block I (Air  Traffic
Control Fundamentals) twice with scores of 42% and  48%;  the  minimum
passing score  was  70%.   The  applicant  was  counseled  on  several
occasions  prior  to  his  disenrollment   concerning   his   academic
performance.  The applicant was disenrolled from his  training  course
on 28 Jan 02.

On 8 Feb 02, the applicant waived his options to consult  counsel  and
to submit statements.  The applicant's  case  file  was  reviewed  and
found legally sufficient to support separation.

The applicant was  discharged  on  26  Feb  02,  with  an  entry-level
separation for performance and conduct.  He served  4  months  and  10
days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS states the Department of Defense (DOD) determined  that,
if a member served less than 180 days of continuous active service, he
would  receive  an  entry-level   separation/uncharacterized   service
characterization when separation was  initiated.   The  separation  is
uncharacterized because it would be  unfair  to  the  member  and  the
service to try  and  characterize  the  limited  time  served.   DPPRS
further states  the  discharge  was  consistent  with  procedural  and
substantive requirements  of  the  discharge  regulation.   Also,  the
discharge was within the sound discretion of the discharge  authority.
Based on the evidence provided they recommend the requested relief  be
denied.

A copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 Jul 02, for review and response.  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 injustice or  error.   After  careful
consideration of the circumstances of  this  case  and  the  evidence
provided by the applicant, we are not persuaded his request  to  have
his discharge upgraded is warranted.  In this respect, the  discharge
the applicant received indicates an
uncharacterized  entry-level  separation for  serving   less  than  6
months of service which would be  appropriate  considering  that  the
applicant served 4 months and 10 days  of  active  military  service.
Furthermore, the applicant made unsatisfactory progress in a required
training program.  Based on  the  documentation  in  the  applicant's
records, it appears that the processing  of  the  discharge  and  the
characterization of the discharge were appropriate  and  accomplished
in accordance with Air Force policy.  Therefore, in  the  absence  of
evidence to the contrary, we find no compelling  basis  to  recommend
favorable action on his request to have his discharge upgrade.

4.    Sufficient relevant evidence has been presented to  demonstrate
the existence of an error or injustice warranting  a  change  in  the
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  26
February 2002.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
01794 in Executive Session on 4 September 2002, under  the  provisions
of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. Michael K. Gallogly, Member
                       Mr. Philip Sheuerman, Member

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

      Exhibit A. DD Form 149, dated 4 Jun 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPRS, dated 2 Jul 02.
      Exhibit D. Letter, SAF/MRBR, dated 19 Jul 02.




                       THOMAS S. MARKIEWICZ
                       Vice Chair





AFBCMR 02-01794
INDEX CODE:  110.00


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered  the  recommendation  of  the  Air
Force Board for Correction for 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, SSN, 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
February 2002.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency

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