Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2002-02878
Original file (BC-2002-02878.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02878
            INDEX CODE:  100.03, 100.06

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to one that would
allow him to return to active duty
___________________________________________________________________

APPLICANT CONTENDS THAT:

He worked extremely hard through basic military training  and  most
of technical school before he was separated.   He  feels  that  his
career in the Air Force should not have ended by  a  test  failure.
He asks for another opportunity to serve in the Air Force.

In  support  of  his  request,  the  applicant  submitted  a  personal
statement.  His complete submission 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.  On  1  July  2002,  the  applicant  was
notified by his commander that  he  was  recommending  that  he  be
discharged from the Air Force under the provisions of AFI  36-3208,
Administrative Separation of Airmen,  for  entry-level  performance
and conduct.  The specific reasons for his action were his  failure
to make satisfactory progress in a required training program.   The
applicant was eliminated from Security Forces  Apprentice  Training
Course for academic deficiency after failing his written test twice
with scores of 56% and 60%.  The minimum passing score was 70%.  He
also reported to duty  without  completing  his  required  homework
assignment. The applicant was advised of his rights in the  matter.
On 1 July 2002, he acknowledged receipt of the notification, waived
his right to consult counsel, and elected not to submit  statements
on his own behalf.  The case was reviewed on 2 July 2002 and  found
to be legally sufficient to support discharge.   He  was  separated
from the Air Force on 15 July 2002.  He served three (3) months and
twenty-seven (27) days on active duty.

___________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   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 (DoD) determined if a member served  less
than 180 days of 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 DoD and Air Force instructions.  A complete copy
of the evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  The  Reenlistment  Eligibility  (RE)
code of 2C, “Involuntarily separated with an  honorable  discharge;
or entry-level separation without characterization of  service”  is
correct.  A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant
on 10 January 2003 for review and comment 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 error or injustice.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case; however, we agree with the opinion and recommendation of  the
Air  Force  office  of  primary  responsibility  and  adopt   their
rationale as the basis for our conclusion that  the  applicant  has
not been the victim of an error or injustice.   Therefore,  in  the
absence of 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 probable error or injustice warranting a change in
the  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
overly harsh.  In our deliberations of this case, it appeared to us
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 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 15 July 2002.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
02-02878 in Executive  Session  on  26  February  2003,  under  the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Frederick R. Beaman, III, Member
      Mr. Albert J. Starnes, Member

The following documentary evidence was considered:

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




                                   CHARLENE M. BRADLEY
                                   Panel Chair



AFBCMR 02-02326




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 at the time of his discharge on 15
July 2002, his narrative reason for separation was Entry Level
Performance.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



Similar Decisions

  • AF | BCMR | CY2004 | BC-2002-02377

    Original file (BC-2002-02377.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant reviewed applicant’s request and opined that the narrative reason for discharge can be changed to Secretarial Authority and states that no change in the characterization of service or Reenlistment Eligibility (RE) code is warranted. The RE code of 2C, “Involuntarily separated with an honorable discharge; or entry-level characterization of service” is correct. After a...

  • AF | BCMR | CY2003 | BC-2002-02377

    Original file (BC-2002-02377.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant reviewed applicant’s request and opined that the narrative reason for discharge can be changed to Secretarial Authority and states that no change in the characterization of service or Reenlistment Eligibility (RE) code is warranted. The RE code of 2C, “Involuntarily separated with an honorable discharge; or entry-level characterization of service” is correct. After a...

  • AF | BCMR | CY2002 | 0200056

    Original file (0200056.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00056 INDEX CODE: 110.00, 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code of 2C be changed to allow eligibility to reenter the Air Force. In view of the foregoing, we recommend the applicant’s records be corrected by deleting the words “and conduct” from his...

  • AF | BCMR | CY2003 | BC-2002-03735

    Original file (BC-2002-03735.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03735 INDEX NUMBER: 110.00 XXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of “2C,” “Involuntarily separated with an honorable discharge: or entry level separation without characterization of service,” be changed to RE Code...

  • AF | BCMR | CY2002 | 0200426

    Original file (0200426.doc) Auto-classification: Approved

    The RE code which was issued at the time of applicant’s separation accurately reflects the circumstances of her separation and we do not find this code to be in error or unjust. 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. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...

  • AF | BCMR | CY2002 | 0101091

    Original file (0101091.doc) Auto-classification: Denied

    Additionally, he provided no facts warranting a change in his separation code. A complete copy of the evaluation is attached at Exhibit C. The Assistant Chief, Skills Management Branch, HQ AFPC/DPPAE, reviewed the applicant’s request and states the Reenlistment Eligibility (RE) code of 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct. We took notice of the applicant's complete submission in judging the...

  • AF | BCMR | CY2001 | 0101091

    Original file (0101091.doc) Auto-classification: Denied

    Additionally, he provided no facts warranting a change in his separation code. A complete copy of the evaluation is attached at Exhibit C. The Assistant Chief, Skills Management Branch, HQ AFPC/DPPAE, reviewed the applicant’s request and states the Reenlistment Eligibility (RE) code of 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct. We took notice of the applicant's complete submission in judging the...

  • AF | BCMR | CY2003 | BC-2003-02557

    Original file (BC-2003-02557.doc) Auto-classification: Approved

    On 12 Jun 01, applicant received an uncharacterized entry-level separation, by reason of “Entry Level Performance and Conduct,” and was issued an RE code of 2C (Involuntarily separated with an honorable discharge; or entry- level separation without characterization of service). The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing and he provided no other facts warranting an upgrade of the discharge. At the time members...

  • AF | BCMR | CY2002 | 0101917

    Original file (0101917.doc) Auto-classification: Denied

    In a legal review of the discharge case file, the wing deputy staff judge advocate, found it legally sufficient and recommended that the applicant be discharged from the Air Force with an entry-level separation. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded and submits three letters of reference and again states his desire to reenlist in the Air Force. Our finding in this regard is based on the fact that,...

  • AF | BCMR | CY2002 | BC-2002-01435

    Original file (BC-2002-01435.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-01435 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment eligibility (RE) code be changed from 2C to 1J so that she may reenlist in the Navy. The evidence of records supports the stated reasons for the applicant's separation for the Air Force and we are not persuaded by the evidence provided...