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AF | BCMR | CY2002 | BC-2002-03462
Original file (BC-2002-03462.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03462
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  uncharacterized  discharge  be  upgraded  to  an  honorable  discharge;
narrative reason for separation changed to convenience  of  the  government,
with a  corresponding  separation  program  designator  and  a  Reenlistment
Eligibility (RE) code of “1.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

While in basic training he was  an  honor  student  and  part  of  an  honor
flight.  He received good conduct marks  in  basic  training  and  technical
school.  He was recommended for  a  recruiter  assistant  program  while  in
basic training.  He was looking forward to  carrying  his  success  over  to
technical school however, his lack of  knowledge  in  a  field  that  wasn’t
suited for him contributed to his inability to succeed.

When he joined the Air Force he desired  a  job  in  the  administrative  or
computer field.  His recruiter informed him that in basic training he  would
be able to choose a career field that suited him.  That was  not  true.   He
was placed in a career field that he had no knowledge  of  or  interest  in.
He did not receive a passing grade in technical school and  it  resulted  in
his failing this career field.  He  indicates  that  his  discharge  is  not
properly characterized and the separation codes received are too extreme.

Since  discharged  he  has  furthered  his  education  by  attending  C.H.I.
Institute’s Computer Repair Technology program;  he  has  graduated  on  the
Dean’s List and is currently employed with a telecommunication  company;  he
has returned to college and is in an administration option program;  and  is
an upstanding citizen in his community.  He  indicates  that  he  has  taken
full responsibility for his actions while in the military and if allowed  to
return, the military would benefit greatly from his reentry.

In support of his appeal,  the  applicant  provided  a  personal  statement,
Personal  Credit  Score,  three  character  reference  letters,  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 22 January  1997  in  the
grade of airman basic for a period of four (4) years.

On 3 July 1997, the applicant was notified  of  his  commander's  intent  to
initiate  discharge  action  against  him  for  entry-level  performance  or
conduct.  The specific reason follows:

      He failed  to  make  satisfactory  progress  in  a  required  training
program.  Specifically, he  failed  Block  IIA/A  twice,  and  Block  IIA/B,
Aircraft Systems, with scores of 56%, 60%, and  28%  -  minimum  passing  is
70%.  As a result of this failure, he was  disenrolled  from  his  technical
training  on  3  July  1997.   Prior  to  disenrollment  he  was   counseled
concerning his academic failure.

The applicant  declined  legal  counsel  and  waived  his  right  to  submit
statements in his behalf on 3 July 1997.

On  10  July  1997,  the  discharge  authority  approved   the   applicant’s
discharge.

Applicant was discharged on 11 July 1997, in the grade  of  airman  with  an
Entry Level Performance and Conduct discharge, under the provisions  of  AFI
36-3208.  He served 5 months and 20 days of total active  military  service.
He received an Reenlistment Eligibility (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  discretion  of  the  discharge
authority.  Separation for the “Convenience of the Government” is a  generic
term used to describe a number of voluntary and involuntary separations  and
these separations have their own separation program  designator  (SPD)  code
and narrative reason.



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.
 Therefore, his uncharacterized character  of  service  is  correct  and  in
accordance with the Department of Defense and Air  Force  instructions.   An
entry-level/uncharacterized separation should not be viewed as negative  and
should not be confused with other types of separation.  He has not  filed  a
timely request.

The evaluation is at Exhibit C.

AFPC/DPPAE indicated that the 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 14 February 2003, copies of the Air Force evaluations were  forwarded  to
the applicant for review and response within thirty (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 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 an error or an injustice warranting a change in  the  narrative
reason  for  separation  and  Reenlistment  Eligibility  (RE)  code.   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.

4.    The RE code issued at the time of separation was  in  accordance  with
the applicable regulations.  However, the Board  finds  that  based  on  the
applicant’s post-service accomplishments and his desire to reenlist  in  the
service, his RE code should be changed  to  “3K.”   The  Board  believes  he
should be afforded the opportunity to apply for a waiver to  enlist  in  the
armed services.  Whether or not he is successful will depend  on  the  needs
of the service and our recommendation in no way guarantees that he  will  be
allowed  to  return  to  the  Air  Force  or  any  branch  of  the  service.
Therefore, we  recommend  his  RE  code  be  changed  to  “3K”  (Secretarial
Authority).

5.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  an  error  or  an  injustice  warranting  a  change  in   the
applicant’s  characterization  of  service.   The  Board  notes   that   the
uncharacterized character of service that the applicant  received  indicates
an  entry  level  separation.   This  condition  applies   when   separation
proceedings are initiated within six (6) months of  entry  on  active  duty.
The applicant served 5 months and 20 days of total active military  service.
 Therefore, we find no basis to conclude that the uncharacterized nature  of
his separation is erroneous or unjust.   Accordingly,  his  request  for  an
honorable discharge is not favorably considered.

_________________________________________________________________

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 11 July 1997  and  to  show
that at the time of  his  discharge  on  11  July  1997,  he  was  issued  a
Reenlistment Eligibility (RE) code of “3K.”

_________________________________________________________________








The following members of the Board considered AFBCMR Docket Number  BC-2002-
03462 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 24 October 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 13 November 2002.
   Exhibit D.  Letter, AFPC/DPPAE, dated 3 February 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 14 February 2003.




                       ALBERT F. LOWAS
                       Panel Chair




AFBCMR BC-2002-03462





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 11 July 1997  and  to  show
that at the time of  his  discharge  on  11  July  1997,  he  was  issued  a
Reenlistment Eligibility (RE) code of “3K.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency








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