RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03251
INDEX CODE: 112.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Reenlistment Eligibility (RE) and separation codes be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She would like her RE code changed to enlist into the Air Force Reserves.
She indicates that she completed basic training and was in the ninth week
of the eleven-week security forces training program. She failed a section
test three times and was notified that she would not be allowed to continue
training because of academic deficiency. She was informed that she could
leave the Air Force and re-enter in six months or she could wait in detail
status for several months until she could be reassigned to a different
skill. It was implied to her that the best option was to take an entry-
level separation and then reenter the Air Force in six months. She chose
the option to separate and declined counsel. She understands that she was
separated for academic deficiencies relative to the security forces;
however, she is qualified for duty in a different Air Force Specialty Code
(AFSC) and intends to enter the Reserves when the correction requested is
made.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 22 January 2002 in the
grade of airman basic for a period of four years.
On 28 May 2002 the applicant was notified of her commander's intent to
initiate discharge action against her for entry-level performance or
conduct. The specific reason was as follows:
On 21 May 2002, she failed Test 1 Version A with a score of 68
percent. The minimum passing score was 70 percent. As a result, she
received an AETC Form 173, dated 21 March 2002.
On 22 March 2002, she failed to qualify on the M9 handgun, scoring a
21. The minimum score to qualify was 28. As a result, she received an
AETC Form 173, dated 22 March 2002.
On 25 March 2002, she failed to qualify on the M9 handgun, scoring a
22. The minimum score to qualify was 28. As a result, she received an
AETC Form 173, dated 25 March 2002.
On 26 March 2002, she failed to qualify on the M16 four times, scoring
12, 11, 14, and 17 respectively. The minimum score to qualify was 25. As
a result, she received an AETC Form 173, dated 26 March 2002.
On 3 May 2002, she failed Test 4 Version 1B with a score of 55
percent. The minimum passing score was 70 percent. As a result, she
received an AETC Form 173, dated 3 May 2002.
On 7 May 2002, she failed her re-test of Test 4 Version 1A with a
score of 60 percent. As a result, she received an AETC Form 173, dated 7
May 2002.
On 28 May 2002, the applicant waived her right to counsel and to submit
statements in her behalf.
Applicant was discharged on 7 June 2002, in the grade of airman basic with
an uncharacterized discharge, under the provisions of AFI 36-3208. The
narrative reason for the discharge was Entry Level Performance and Conduct.
She served 4 months and 16 days of total active military service. She
received an RE code of 2C - Involuntarily separated with an honorable
discharge; or entry level separation without characterization of service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRSP recommended denial. They indicated that based upon the
documentation in the file, they believe the discharge was consistent with
the procedural and substantive requirements of the discharge regulation.
Additionally, the discharge was within the sound discretion of the
discharge authority. The applicant did not submit any new evidence or
identify and errors or injustices that occurred in the discharge
processing. She provided no other facts warranting a change in her
discharge.
The evaluation is at Exhibit C.
EXAMINER’S NOTE: Applicant does not contest the accuracy of the RE code
and after reviewing the applicable instruction, AFI 36-2606, it appears the
RE code is correct.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 7 November 2003, a copy of the Air Force evaluation was forwarded to the
applicant for review and response 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. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or an injustice warranting a change in the narrative
reason for separation and Reenlistment Eligibility (RE) code. After
reviewing the applicant’s submission and the evidence of record, we are
persuaded that 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 her entry-level
separation; i.e., entry-level performance and conduct, to be inaccurate.
In our deliberations of this case, it appeared to us that the word
“conduct” could be misconstrued to infer that her 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, her narrative reason for
separation should be corrected to accurately reflect the circumstances of
her separation. 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.
4. The RE code issued at the time of separation was in accordance with
the applicable regulations. However, the Board finds that based on the
applicant’s desire to reenlist in the service, her RE code should be
changed to “3K.” The Board believes she should be afforded the opportunity
to apply for a waiver to enlist in the armed services. Whether or not she
is successful will depend on the needs of the service and our
recommendation in no way guarantees that she will be allowed to return to
the Air Force or any branch of the service. Therefore, we recommend her RE
code be changed to “3K” (Secretarial Authority).
_________________________________________________________________
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 her DD Form 214, Certificate of
Release or Discharge from Active Duty, issued on 7 June 2002 and to show
that at the time of her discharge on 7 June 2002, she was issued a
Reenlistment Eligibility (RE) code of “3K.”
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2003-
03251 in Executive Session on 11 December 2003, under the provisions of AFI
36-2603:
Ms. Marilyn Thomas, Vice Chair
Ms. Martha Maust, Member
Mr. Albert Ellett, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 September 2003, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRSP, dated 22 October 2003.
Exhibit D. Letter, SAF/MRBR, dated 7 November 2003.
MARILYN THOMAS
Vice Chair
AFBCMR BC-2003-03251
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 , be corrected by deleting the words “and conduct” from Block
28 (Narrative Reason for Separation) on her DD Form 214, Certificate of
Release or Discharge from Active Duty, issued on 7 June 2002 and to show
that at the time of her discharge on 7 June 2002, she was issued a
Reenlistment Eligibility (RE) code of “3K.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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