RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02930
            INDEX CODE:       100.03, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from “2C” to “1”.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His service performance was  above  his  peers  and  he  exceeded  the
average performer.  He was discharged for failing the  end  of  course
(EOC) exam.  Prior to this, he had no other marks  to  give  anyone  a
reason to discharge him from the service.  He was informed by his area
defense counsel (ADC), if he would have requested  a  waiver  for  the
testing he would still be required to  retake  the  test  and  gain  a
passing score or he would return to the  same  standing  that  he  was
currently in.  He told the ADC that he felt he was unable to pass  the
test and would like to retrain.  He was told that his commander  would
deny his request and his best option was to go with the discharge.  He
believes that he was  misrepresented  by  the  ADC  and  requests  his
records be amended.

In support of  his  request,  applicant  provided  two  AF  Forms  77,
Supplemental Evaluation Sheet, a copy of AF Form 1206, Nomination  for
Award, and copies of AF Form 911, Enlisted Performance Report.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  7  December  1995,
for a term of 4 years and was progressively promoted to  the  rank  of
staff sergeant.  On 29 March 2002, he was notified of his  commander’s
intent to recommend that he be discharged from the Air Force under the
provisions  of  AFI  36-3208,  Administrative  Separation  of  Airmen,
(Unsatisfactory Performance) and received an honorable discharge.  The
reason for this action was  that  he  failed  his  career  development
course (CDC) end-of-course test on 10 October 2001, and  again  on  18
December 2001.  He was advised  of  his  rights  in  this  matter  and
acknowledged receipt of the notification  on  14  February  2002.   He
consulted with counsel and  submitted  a  conditional  waiver  of  the
rights associated with an administrative discharge board hearing.  The
waiver request was contingent upon him  receiving  not  less  than  an
honorable discharge, if the recommendation for discharge was approved.
 In a legal review of the case file, the base legal office  found  the
case legally sufficient to support discharge.  The discharge authority
approved the separation and ordered  an  honorable  discharge  without
probation and rehabilitation.  He was separated from the Air Force  on
29 March 2002, with an honorable discharge and received an RE code  of
“2C”.  He served 6 years, 3 months and 23 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  Based upon  the  documentation  in  the
file, the discharge was consistent with the procedural and substantive
requirements of the discharge regulation.  Additionally, the discharge
was within the discretion of the discharge authority.   The  applicant
did not submit any new evidence or identify any errors  or  injustices
that occurred in the discharge process.

The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
19 Mar 04, for review and comment within 30 days.  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 an error or injustice  warranting  a  change  in  his
reenlistment eligibility (RE) code to  a  “1”.   After  reviewing  the
evidence of record, it appears that his separation was proper  and  in
compliance with the appropriate regulations in effect at the time  and
there was no evidence submitted, other than his own assertions that he
was denied proper legal representation.  However, since his record  is
clear of any disciplinary problems,  we  believe  that  he  should  be
provided the opportunity to reapply for entry  in  the  Armed  Forces.
Whether or not he is successful  will  depend  on  the  needs  of  the
service and our recommendation in no way guarantees that  he  will  be
allowed to return to any branch of service.  Therefore,  we  recommend
that his records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that at the  time  of  his
discharge on 29 March 2002, he was issued an Reenlistment  Eligibility
(RE) code of "3K".

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
02930 in Executive Session on 25 May 2004, under the provisions of AFI
36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. James E. Short, Member
                 Mr. Albert C. Ellett, Member

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

      Exhibit A. DD Form 149, dated 20 Aug 03 w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPRS, dated 13 Feb 04.
      Exhibit D. Letter, SAF/MRBR, dated 19 Mar 04.




      ROBERT S. BOYD
      Panel Chair




AFBCMR BC 2003-02930




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 to show that at the time of his
honorable discharge on 29 March 2002, he was issued an Reenlistment
Eligibility (RE) code of "3K".





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency