RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03087
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed from 2C to 1.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He would like his RE code changed to reenlist into the Air Force. 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 indicates that his supervisor chose to separate him
rather than reclassifying him into another field.
In support of his appeal, the applicant provided a personal statement, 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 March 2002 in the
grade of airman basic for a period of six years.
On 28 July 2002 the 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:
On 17 May 2002, he failed his written Test 1 Version A with a score
of 64%. The minimum passing score was 70%. As a result, he received an
AETC Form 173 (Student Record of Academic/Non Academic Counseling and
Comments) dated 17 May 2002.
On 26 June 2002, he failed his written Test 2 Version A with a
score of 56%. The minimum passing score was 70%. As a result, he received
an AETC Form 173 dated 26 June 2002.
On 5 July 2002, he failed his written Test 3 Version A with a score
of 40%. He also failed Test 3 Version B with a score of 68%. The minimum
passing score was 70%. As a result, he received an AETC Form 173 dated 5
July 2002.
On 28 July 2002, the applicant waived his right to counsel and to submit
statements in his behalf.
On 30 July 2002, the Assistant Staff Judge Advocate recommended that the
applicant be separated from the service with an Entry Level Separation.
Applicant was discharged on 9 August 2002, in the grade of airman basic
with an Entry Level Performance and Conduct discharge, under the provisions
of AFI 36-3208. He served 4 months and 21 days of total active military
service. He received an RE code of 2C.
_________________________________________________________________
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.
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.
The evaluation is at Exhibit C.
AFPC/DPPAE indicated that the Reenlistment Eligibility (RE) code 2C,
“Involuntarily 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 28 February 2003, copies of the Air Force evaluation were forwarded to
the applicant for review and response within 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 probable error or injustice that would warrant a change to his
RE code. After a thorough review of the evidence of record and the
applicant’s submission, it is our opinion that given the circumstances
surrounding his separation from the Air Force, the RE code assigned was
proper and in compliance with the appropriate directives. Applicant has
not provided any evidence which would lead us to believe otherwise.
Therefore, we agree with the Air Force offices of primary responsibility
and adopt their rational as the basis for our conclusion that he has not
been the victim of an error or injustice. In the absence of persuasive
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 9 August 2002.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2002-
03087 in Executive Session on 17 April 2003, under the provisions of AFI 36-
2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Robert H. Altman, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 January 2003, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 29 January 2003.
Exhibit D. Letter, AFPC/DPPAE, dated 20 February 2003.
Exhibit E. Letter, SAF/MRBR, dated 28 February 2003.
ALBERT F. LOWAS, JR.
Panel Chair
AFBCMR BC-2002-03087
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 9 August 2002.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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