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AF | BCMR | CY2003 | BC-2003-02557
Original file (BC-2003-02557.doc) Auto-classification: Approved


                            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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