RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02557
INDEX CODE: 100.03
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
His RE code 2C (involuntarily separated with an honorable discharge; or
entry level separation without characterization of service) was issued in
error. He was eliminated from a technical training course for academic
deficiency and not for a discipline problem.
In support of the appeal, the applicant submits a personal statement; a
copy of DD Form 214, Certificate of Release or Discharge from Active Duty,
dated 12 Jun 01, and copies of excerpts from his discharge correspondence.
Applicant’s complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 13 Feb 01 for a period
of 4 years in the grade of airman basic.
On 9 May 01, the squadron commander initiated administrative discharge
action against the applicant for entry-level performance and conduct;
specifically, unsatisfactory progress in a required training program.
The reasons for the proposed action were that on 16, 23 and 25 Apr 01,
applicant failed to make satisfactory progress in a required technical
training program. The applicant was eliminated from the Security Forces
Apprentice training course for academic deficiency after failing the first
written test of course examination three times with scores of 48% and 60%
and 68%--minimum passing was 70%. Prior to disenrollment, applicant was
counseled concerning his performance and received individualized assistance
with negative results.
The commander recommended that the applicant be given an entry-level
separation. On that same date, applicant acknowledged receipt of the
discharge notification. On 22 May 01, after consulting with counsel,
applicant submitted statements in his own behalf. The assistant staff
judge advocate found the case to be legally sufficient and recommended an
entry-level separation. On 25 May 01, the discharge authority directed
applicant be discharged with an entry-level separation.
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). He was credited
with 4 months of active duty service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended denial of the applicant’s request. They found
that the discharge was consistent with the procedural and substantive
requirements of the discharge regulation. Additionally, that 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 and he provided no other facts
warranting an upgrade of the discharge.
They also noted 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 (DOD) determined if a member served less than 180
days continuous service, it would be unfair to the member and the service
to characterize their limited service.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 31 Oct
03 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 an error or injustice. Applicant’s contentions are duly
noted; however, we are not persuaded that the applicant has been the victim
of an error or injustice. At the time members are separated from the Air
Force, they are furnished an RE code predicated upon the quality of their
service and circumstances of their separation. After a thorough review of
the evidence of record, we believe that given the circumstances surrounding
the applicant’s separation, the RE code issued was in accordance with the
appropriate directives. Therefore, we find no basis upon which to
recommend favorable action on this application.
4. Sufficient relevant evidence has been presented to demonstrate the
existence of 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 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.
5. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 June 2001.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-02557
in Executive Session on 3 December 2003, under the provisions of AFI 36-
2603:
Ms. Charlene Bradley, Panel Chair
Ms. Michelle Grace, Member
Mr. Christopher Carey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jul 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 20 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 31 Oct 03.
CHARLENE BRADLEY
Panel Chair
AFBCMR BC-2003-02557
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 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.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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