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AF | BCMR | CY2002 | BC-2001-01098A
Original file (BC-2001-01098A.doc) Auto-classification: Approved

                                 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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