RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02053
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He desires his RE code changed from a 2C to a 1 or  3  series  in  order  to
serve in the United States Navy.  He states  he  is  looking  forward  to  a
second chance to serve his country and make a contribution  to  his  family.
He is sorry for the misunderstandings  and  lack  of  immaturity  he  showed
during basic training.  None of the incidents that occurred were  in  spite.
He regrets any problems that fellow recruits or officers endured during  his
enrollment training.  He is now a better person  with  a  changed  attitude,
more mature and determined to  do  what  it  takes  to  return  to  military
services.  He further states  at  the  time  of  separation,  he  asked  and
pleaded not to be separated.   There  was  no  representation  for  military
legal counsel present when the separation documents  were  signed.   He  was
instructed to sign and initial where needed.  He signed under  pressure  and
duress not knowing the severity of the documents.  There was no  explanation
of his rights and he thought he had no other choice.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  26  February  2002  in  the
grade of airman basic for a period of four years.

On 9 May 2002, applicant was notified of his commander's intent to  initiate
discharge action against him for unsatisfactory entry-level  performance  or
conduct.  Specifically, his failure to adapt to  the  military  environment;
failure to make satisfactory progress in a required  training  program;  his
reluctance to make the effort necessary  to  meet  Air  Force  standards  of
conduct and duty performance and his lack of self-discipline.

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

After  consulting  with  counsel,  applicant  waived  his  right  to  submit
statements in his own behalf.

On 10 May 2002, a legal review was conducted and the Assistant  Staff  Judge
Advocate  recommended  the  applicant  be  separated  with  an   entry-level
separation.

On 13 May 2002, the convening authority approved the applicant’s discharge.

On 17 May 2002, the applicant was discharged in the grade of  airman  basic,
with an Entry-Level Separation, under the provisions of AFI 36-3208  (Entry-
Level Performance and Conduct) and given an RE  code  of  2C  (Involuntarily
separated with an honorable discharge,  or  entry-level  separation  without
characterization of service).  He completed 2 months and  22 days  of  total
active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated based  on  the  documentation
on file in the master personnel records, the discharge was  consistent  with
the procedural and substantive requirements  of  the  discharge  regulation.
The discharge was within the discretion of  the  discharge  authority.   The
applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the discharge processing.  He provided no facts  warranting
a change to his RE code.

The evaluation is at Exhibit C.

AFPC/DPPAE indicated the applicant’s RE code is correct.   No  evidence  was
presented to support  changing  the  RE  code.   Waivers  of  RE  codes  for
enlistment are considered and approval based on the needs of the  respective
military service and recruiting initiatives at the time  of  the  enlistment
inquiry.

The evaluation is at Exhibit D.

_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 February 2004, copies of the Air Force evaluations  were  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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice that would warrant a  change  to  his  RE
code.   After  a  thorough  review  of  the  evidence  of  record  and   the
applicant’s submission, it is  our  opinion  that  given  the  circumstances
surrounding his separation from the Air Force,  the  RE  code  assigned  was
proper and in compliance with the  appropriate  directives.   The  applicant
has not provided any evidence which would  lead  us  to  believe  otherwise.
Therefore, we agree with the Air Force  offices  of  primary  responsibility
and adopt their rational as the basis for our conclusion  that  he  has  not
been the victim of an error or injustice.   In  the  absence  of  persuasive
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

4.    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.  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 inaccurate.  In our deliberations of this case,  it  appeared
to us that while the applicant may have  had  problems  progressing  in  his
basic military training  course,  we  have  seen  no  possible  evidence  of
service misconduct; rather it appears  he  had  a  lack  of  self-discipline
which may have contributed to his lack of motivation.  Therefore,  in  order
to correct an injustice of improperly labeling the applicant, his  narrative
reason for separation should be corrected to  more  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 17 May 2002.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
02053 in Executive Session on 10 March 2004, under the provisions of AFI 36-
2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Ms. Ann-Cecile M. McDermott, 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 14 November 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 28 January 2004.
   Exhibit D.  Letter, AFPC/DPPAE, dated 3 February 2004
   Exhibit E.  Letter, SAF/MRBR, dated 6 February 2004.





                       BRENDA L. ROMINE
                       Panel Chair




AFBCMR BC-2003-02053





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 17 May 2002.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency