RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-03149

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for her separation be changed to Academic Performance.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

While in technical training school, her mother  was  diagnosed  with  cancer
and was constantly in and out of the hospital.  She tried  to  not  let  the
situation bother her; however, it was all she could think about  and  wanted
to be by her mother’s side.   As  a  result,  her  concentration  on  school
slowly began to drift away and she was  always  worried  about  her  mother.
With her grades looking the way they did and her not being able  to  control
her feelings, she wanted to be next to her mother while she was sick.

The applicant states that she is now a sophomore at the University of  South
Carolina, majoring in Sports Management.  She would like  to  join  the  Air
National Guard to help pay for her college and to serve her country.

In support of the appeal, the applicant submits statements attesting to  her
character.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  on  17  June  1999  for  a
period of four years.

On 22 January 1999, the  applicant  was  notified  that  her  commander  was
recommending that she be discharged  from  the  Air  Force  for  entry-level
performance and conduct.  The reason for this action was that the  applicant
twice failed her written measurements on the Cardio Pulmonary  Resuscitation
(CPR) Test.

On 4 February 1999, she received an uncharacterized entry  level  separation
from the Air Force in the grade of airman basic (E-1), under the  provisions
of AFI 36-3208 (Entry Level Performance and Conduct), and was issued  an  RE
code of 2C and a separation code of JGA  (Entry  Level).   She  completed  4
months and 2 days of active service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends the  application  be  denied.  AFPC/DPPRS  states,  in
part, 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  any  errors  or  injustices  that
occurred in the discharge processing.

AFPC/DPPRS   also    states    that    airmen    are    given    entry-level
separation/uncharacterized  service  characterization  when  separation   is
initiated  in  the  first  180  days  of  continuous  active  service.   The
Department of Defense determined if a  member  served  less  than  180  days
continuous active service, it would be unfair to the member and the  service
to characterize their limited service.

The AFPC/DPPRS evaluation is at Exhibit C.

AFPC/DPPAE states, in part, that RE code 2C  (Involuntarily  separated  with
an honorable discharge, or entry level separation  without  characterization
of service) is correct.

The AFPC/DPPAE evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 10 January  2003  for  review  and  response  within  30  days.
However, as of this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  error  or  injustice.   After   reviewing   the   applicant’s
submission and the evidence of record, we are persuaded that some relief  is
warranted.   It  appears  that  the  discharge  action  taken  against   the
applicant was in accordance with the applicable instruction and we  find  no
evidence that her separation from the Air Force and the RE code assigned  at
the time of her separation were  inappropriate.   However,  after  reviewing
the applicant’s request and the evidence of record, we  find  the  narrative
reason for her entry level separation, i.e.,  entry  level  performance  and
conduct, to be  overly  harsh.   In  our  deliberations  of  this  case,  it
appeared to us that the word “conduct” could be misconstrued to  infer  that
her separation for academic deficiency was also due  to  misconduct.   While
the applicant may have had problems progressing  in  the  required  training
program, we have seen no evidence of misconduct.   Therefore,  in  order  to
correct an injustice of improperly labeling  the  applicant,  her  narrative
reason  for  separation  should  be  corrected  to  accurately  reflect  the
circumstances of her separation.  The applicant  states  that  her  academic
performance was caused by her inability to concentrate due to  her  mother’s
cancer and that she now desires to join the Air National  Guard  (ANG).   In
view of this, and in order to provide  her  the  opportunity  to  apply  for
entry in the ANG, we believe her RE code  should  also  be  changed  in  the
interest of equity and justice.  Whether  or  not  she  is  successful  will
depend on the needs  of  the  service  and  our  recommendation  in  no  way
guarantees that she will be allowed to return to any branch of the  service.
 In  view  of  the  foregoing,  we  recommend  the  applicant’s  records  be
corrected by deleting the words “and conduct” from her narrative reason  for
separation and changing her RE code to “3K.”

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.    The words “and conduct” were deleted from  Block  28  (Narrative
Reason for Separation) on  her  DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty, issued on 4 February 1999.

      b.    At the time of her discharge on  4  February  1999,  she  was
issued a Reenlistment Eligibility (RE) code of “3K.”

_________________________________________________________________



The following members of the Board considered  Docket  Number  BC-2002-03149
in Executive Session on 13 March 2003, under the provisions of AFI 36-2603:

                       Mr. David W. Mulgrew, Panel Chair
                       Mr. Billy C. Baxter, Member
                       Mr. Clarence D. Long, III, Member

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

    Exhibit A.  DD Form 149, dated 19 Nov 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 13 Dec 02.
    Exhibit D.  Letter, AFPC/DPPAE, dated 6 Jan 03.
    Exhibit E.  Letter, SAF/MRBR, dated 10 Jan 03.




                                   DAVID W. MULGREW
                                   Panel Chair
AFBCMR BC-2002-03149




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 APPLICANT be corrected to show that:

            a.   The words “and conduct” were deleted from Block 28
(Narrative Reason for Separation) on her DD Form 214, Certificate of
Release or Discharge from Active Duty, issued on 4 February 1999.

            b.   At the time of her discharge on 4 February 1999, she was
issued a Reenlistment Eligibility (RE) code of “3K.”









JOE G. LINEBERGER

Director

Air Force Review Boards Agency