RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03214
            INDEX CODE:  110.02
            COUNSEL:

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He has been a law-abiding citizen since his separation from  the  Air  Force
and it is unjust for him to be precluded from enlisting in the Armed  Forces
because he could not pass a test.

In support of the appeal, the applicant  submits  a  copy  of  a  Letter  of
Appointment,  three  Letters  of   Recommendation,   two   Police   Explorer
Certificates, a copy of his resume, an Attorney Declaration, and a  copy  of
a family photo.

Applicant’s complete submission, with attachments, is  attached  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  31  May  2000.   On  26
September 2000,  he  was  notified  by  his  commander  that  he  was  being
recommended for discharge for  entry-level  performance  and  conduct.   The
reason for this action was that he was eliminated from the  Security  Forces
Technical Training Course for academic deficiency  after  failing  block  II
three times with scores of 66%, 54% and 68%.  The minimum passing score  was
70%.  Prior to disenrollment,  he  was  counseled  concerning  his  academic
failure and received 6 hours  of  special  individualized  assistance.   The
discharge  authority  approved  the  separation  and  ordered  an  honorable
discharge.

On 26 September 2000, he was discharged under  the  provisions  of  AFI  36-
3208, Administrative Separation  of  Airmen   (entry-level  performance  and
conduct) and was issued an uncharacterized  discharge.   He  received  a  RE
code of 2C, Involuntarily separated with an honorable discharge;  or  entry-
level separation without characterization of service.  He  served  3  months
and 26 days on active duty.

Applicant does not contest the accuracy of the RE code and  after  reviewing
the applicable instruction, AFI 36-2606, it appears the RE  code  issued  is
accurate.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP   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.  The  applicant  did  submit  several  character
references however;  he  did  not  submit  any  errors  or  injustices  that
occurred in the discharge  process.   Additionally,  he  provided  no  facts
warranting a change in his discharge.

The DPPRSP evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s attorney points out that his client’s separation was  not  a
result of any misconduct but instead because of  his  inability  to  pass  a
test.

He also states that certain misconduct may make an  individual  incompatible
with military service the same cannot be said for failing to  pass  a  test.
His client came within two points of passing the test on his  last  attempt.
He submits, that given his clients narrow margin of failure  and  the  three
years he has had to mature and improve as a  person  since  his  separation,
that an RE code that does not permit him to freely re-enlist is  unjust  and
will deprive the military of a determined motivated  individual  who  wishes
to serve his country.

The applicant’s complete submission is at Exhibit E.

_________________________________________________________________

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 granting relief sought in this application.

4.  Sufficient relevant  evidence  has  been  provided  to  demonstrate  the
existence of injustice that  would  warrant  a  change  in  the  reason  for
separation.  After reviewing his submission and the evidence of  record,  we
are persuaded that some relief is warranted.  We note  that  the  separation
action taken against the applicant was in  accordance  with  the  applicable
instruction.  However, after reviewing the evidence of  record,  it  is  our
opinion that the narrative reason for his  entry-level  separation,  “entry-
level performance and conduct,” is overly harsh.   In  our  deliberation  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  his
own 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  that  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 “and conduct” from Block  28
(Narrative Reason for  Separation)  on  his  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, issued on 26 September 2000.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-03214
in Executive Session on 10 December 2003, under the provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. J. Dean Yount, Member
                             Ms. Kathleen F. Graham, Member

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

      Exhibit A. DD Form 149, dated 23 Sep 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRSP, dated 16 Oct 03.
      Exhibit D. Letter, SAF/MRBR, dated 31 Oct 03.
      Exhibit E. Letter, Applicant’s Attorney, dated 7 Nov 03.



                                   Thomas S. Markiewicz
                                   Chair


AFBCMR BC-2003-03214




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 26
September 2000.







  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency