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AF | BCMR | CY2003 | BC-2003-02812
Original file (BC-2003-02812.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02812
            INDEX NUMBER: 135.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from 2 to either 3 or 4.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His separation was due to academic reasons and not conduct.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18 March 2003.

On 17  June  2003,  the  applicant  was  notified  that  his  commander  was
recommending that he be  discharged  from  the  Air  Force  for  entry-level
performance and conduct.  The reason for this action was because  he  failed
to  make   satisfactory   progress   in   a   required   training   program.
Specifically, he failed his written Test 1 Version A, B, and C  on  22  May,
28 May, and 3 June 2003, scoring 64%, 54%, and 66% --  the  minimum  passing
score was 70%.  Prior to the disenrollment, he was  counseled  and  received
Specialized Individual Assistance with negative results.

On 25 June 2003, he 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 or Conduct), and was issued an RE  code
of 2C and a separation code of JGA (Entry Level).   He  completed  3  months
and 8 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.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 7 November 2003 for review and response.  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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice concerning the  applicant’s  RE  code.   The
applicant has provided no evidence showing that his assigned RE code  is  in
error or contrary to the prevailing instruction.   The  RE  code  which  was
issued  at  the   time   of   his   separation   accurately   reflects   his
uncharacterized entry-level separation and we do not find this  code  to  be
in error or unjust.  We, therefore,  conclude  that  no  basis  exists  upon
which to recommend favorable action on his request that it be changed.

4.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of error or injustice warranting a change in the  reason  for  his
separation.  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 his separation from  the
Air Force was inappropriate.  However, after reviewing his request  and  the
evidence of record, we  find  the  narrative  reason  for  his  entry  level
separation; i.e., entry level performance or 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  training  program,  we  have  seen  no
evidence of misconduct.  Therefore, in order  to  correct  an  injustice  of
improperly labeling him, 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 RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected by deleting the words “or conduct” from  Block  28
(Narrative Reason for  Separation)  on  his  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, issued on 25 June 2003.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-02812
in Executive Session on 3 December 2003, under the  provisions  of  AFI  36-
2603:

                       Ms. Charlene M. Bradley, Panel Chair
                       Ms. Michelle Grace, Member
                       Mr. Christopher Carey, Member

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

    Exhibit A.  DD Form 149, dated 18 Aug 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated undated.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Dec 03.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

AFBCMR BC-2003-02812




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 “or conduct” from
Block 28 (Narrative Reason for Separation) on his DD Form 214, Certificate
of Release or Discharge from Active Duty, issued on 25 June 2003.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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