ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2001-01098
INDEX CODE: 110.00
APPLICANT COUNSEL: NO
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant's request for reconsideration, he requests his
Reenlistment Eligibility (RE) code be changed so he can enter the Navy.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 28 November 2000 as an
airman basic for a period of six (6) years.
On 5 March 2001, the applicant’s commander notified him of his intent to
recommend him for discharge from the Air Force for Entry Level Performance
and Conduct. The specific reason for the discharge action was:
The applicant failed to make satisfactory progress in his required
training program. Specifically, the applicant was eliminated from the
Security Forces technical training course for academic deficiency after he
failed Block I test twice, with scores of 66% and 54%--minimum passing
score is 70%.
The commander advised applicant of his right to consult legal counsel and
that military legal counsel had been obtained for him; and to submit
statements in his own behalf; or waive the above rights after consulting
with counsel.
On 5 March 2001, after consulting with counsel, applicant waived his
right to submit a statement.
The commander indicated in his recommendation for discharge that the
applicant, prior to his disenrollment from the training program, was
counseled concerning his academic failure and received four hours of
Special Individualized Assistance. All efforts to improve the
applicant’s performance met with negative results. The applicant was
disenrolled from the Security Forces technical training program on 22
February 2001.
A legal review was conducted in which the staff judge advocate
recommended the applicant be separated with an entry-level separation.
The discharge authority approved the applicant be separated from the Air
Force with an entry-level separation.
Applicant was separated on 12 March 2001, in the grade of airman basic,
under the provisions of AFI 36-3208, Entry Level Performance and Conduct,
with an uncharacterized entry-level discharge. He served 3 months and 15
days of total active service.
The Air Force Board of Correction for Military Records (AFBCMR) considered
and denied the applicant’s request to have his RE code and uncharacterized
discharge upgraded on 25 July 2001. For an accounting of the facts and
circumstances surrounding the applicant's separation, and, the rationale
of the earlier decision by the Board, see the Record of Proceedings at
Exhibit E.
On 23 September 2002, via Senator Hutchinson’s office the applicant
submitted a request for reconsideration to have his RE code changed. The
applicant’s complete submission, with attachments, is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful review of the applicant’s reconsideration request and the
documentation he submitted, we are not persuaded to override the Board's
original decision regarding his reenlistment code. The applicant has not
provided any evidence to show that the reenlistment code he received was
in error or contrary to prevailing Air Force instructions. 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 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, we find the
narrative reason for his entry level separation; i.e., entry level
performance and conduct, to be overly harsh. The applicant’s commander
noted the applicant did not have any disciplinary problems and was in fact
professional and courteous. Therefore, in reviewing this case we feel
that the word “conduct” is misleading in that it infers that the
applicant’s separation for academic deficiency also involved misconduct.
While the applicant may have had problems progressing in his 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 DETERMINES 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 12 March
2001.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2001-01098 in Executive Session on May 1, 2003, under the provisions of
AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Jackson A. Hauslein, Member
Mr. Edward H. Parker, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit E. Record of Proceedings, undated, w/atchs.
Exhibit F. Applicant’s Reconsideration Request, dated 12 Dec 01,
w/atchs.
JOSEPH G. DIAMOND
Panel Chair
AFBCMR BC-2001-01098
MEMORANDUM FOR THE CHIEF OF STAFF
Having reviewed 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 12
March 2001.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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