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AF | BCMR | CY2004 | BC-1998-00170A
Original file (BC-1998-00170A.doc) Auto-classification: Approved


                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-1998-00170
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

In  the  applicant’s  request   for   reconsideration,   he   requests   his
Reenlistment Eligibility (RE) code of 2C be changed.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19  April  1995,  in  the
grade of airman basic for a period of four years.

On 7 August 1995, the applicant was notified of his  commander's  intent  to
initiate discharge action against  him  for  failure  to  make  satisfactory
progress in a required training program.  The specific reason follows:

      The applicant failed the Block III exam with scores of  60%  and  55%.
Minimum passing was 70%.  As a result, he was disenrolled from his  assigned
training, Aircraft Fuel Systems Apprentice Course.  Prior  to  disenrollment
he was counseled on several occasions concerning his academic  deficiencies.
 All efforts to help improve his academic  performance  had  been  met  with
negative results.

The commander advised the applicant of his right to  consult  legal  counsel
and submit statements in his own behalf; or waive  the  above  rights  after
consulting with counsel.

On 7 August 1995, the applicant waived his right  to  consult  with  counsel
and to submit statements in his own behalf.

On 8 August 1995, the applicant requested to submit statements  in  his  own
behalf.  He was granted an extension until 11 August 1995.





On 10 August 1995, the applicant responded to the  administrative  discharge
action.  He indicated he was proud to be a member of  the  Air  Force.   His
academic problems taught him to become more attentive to  his  actions.   If
given adequate  time,  he  could  give  the  results  required  to  complete
technical school and continue to do  good  work  throughout  his  Air  Force
career.  If given a second chance he would prove worthy of  wearing  an  Air
Force uniform.

On 22 August 1995, the convening authority approved the  applicant’s  entry-
level separation.

Applicant was discharged on 23 August 1995, in the  grade  of  airman  basic
with an Entry Level Separation, under the  provisions  of  AFI  36-3208  and
received an RE  code  of  2C  (Involuntarily  separated  with  an  honorable
discharge, or entry-level separation without characterization  of  service).
He served four months and five days of total active duty service.

On 16 January 1998, the applicant submitted  an  application  to  the  Board
requesting his RE code be changed.  On 29 May  1998,  the  Board  considered
and denied the applicant’s request.   A  complete  copy  of  the  Record  of
Proceedings (ROP) is at Exhibit E.

On 26 January 2004, the applicant submitted a  request  for  reconsideration
requesting his RE code (2C) be changed.  He states  he  desires  to  reenter
the service.  The applicant’s complete submission is at Exhibit F.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  an  error  or  an  injustice  warranting  a  change  in   the
applicant’s RE code.   The  Board  believes  responsible  officials  applied
appropriate standards in effecting the separation, and the  Board  does  not
find persuasive evidence that pertinent regulations were  violated  or  that
the applicant was not afforded all the rights to which entitled at the  time
of discharge.  Therefore, in the absence of evidence  to  the  contrary,  we
find  no  compelling  basis  to  change  our  previous  decision   in   this
application.

2.    Notwithstanding the above findings, we are persuaded  to  recommend  a
change in the narrative reason for separation.  In  this  respect,  we  note
the discharge action taken against the applicant was in accordance with  the
applicable instruction.  However, after reviewing the  evidence  of  record,
we find the narrative reason for his entry  level  separation;  i.e.,  entry
level performance and conduct, to be inaccurate.  In  our  deliberations  of
this case, it appeared to us the word “conduct”  could  be  misconstrued  to
infer 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.

_________________________________________________________________

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 23 August 1995.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-1998-
00170 in Executive Session on 23 March 2004, under the provisions of AFI 36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Cheryl V. Jacobson, Member

The following documentary evidence was considered:

   Exhibit E.  Record of Proceedings, dated 29 May 1998, w/atchs.
   Exhibit F.  DD Form 149, dated 26 January 2004, w/atchs.




                       RICHARD A. PETERSON
                       Panel Chair


















AFBCMR BC-1998-00170





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 his DD Form 214, Certificate of
Release or Discharge from Active Duty, issued on 23 August 1995.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency





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