RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03622
            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  in  order  to  reenter  the  military.   He
indicates  that  he  did  not  have  low  performance,   bad   conduct,   or
procrastination as noted in his discharge papers.

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

_________________________________________________________________

STATEMENT OF FACTS:

A complete discharge package was not available in the  applicant’s  military
personnel records (MPR); however, the following  information  was  extracted
from the Legal Review dated 16 January 2003, and his DD Form 214.

The applicant enlisted in the Regular Air Force  on  23  July  2002  in  the
grade of airman basic for a period of six years.

On 6 January 2003, the applicant was notified of his commander's  intent  to
initiate  discharge  action  against  him  for  entry-level  performance  or
conduct.  Specifically,  he  failed  to  make  satisfactory  progress  in  a
required training program.  The applicant requested to be reclassified  from
the Explosive Ordinance Disposal (EOD) career field  on  the  first  day  of
formal classroom instruction.  Prior to self-eliminating, the applicant  had
been briefed several times of the need to self-eliminate prior to the  start
of class so that the slot would not be permanently forfeited.  On 4  October
2002, the applicant signed  a  statement  acknowledging  that  if  he  self-
eliminated after the start of class, he would be considered for discharge.

After  being  advised  of  his  right  to  consult  counsel  and  to  submit
statements in his own behalf, the applicant waived his right to counsel  and
to submit statements in his behalf.

On 16 January 2003, the Deputy Staff Judge  Advocate  recommended  that  the
applicant be separated from the service with an Entry Level discharge.

Applicant was discharged on 17 January 2003, in the grade  of  airman  basic
with an Entry Level Performance and Conduct discharge, under the  provisions
of AFI 36-3208.  He served 5 months and 25 days  of  total  active  military
service.  He 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.
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  processing.   Additionally,  he
provided no facts warranting a change in his reason.  He has filed a  timely
request.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 December 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  RE  code
and narrative  reason  for  separation.   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  his  entry-level  separation;  i.e.,  entry-   level
performance and conduct, to be overly harsh.  In our deliberations  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
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.

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 reenter the military, his RE code  should  be  changed
to “1J.”  This code provides the applicant  the  opportunity  to  apply  for
enlistment in any  branch  of  the  service,  without  requiring  a  waiver.
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 the Air Force or any branch of the service.  Therefore, we recommend  his
RE code be changed to “1J.”

_________________________________________________________________

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  January  2003  and  to
show that at the time of his discharge on 17 January 2003, he was  issued  a
Reenlistment Eligibility (RE) code of “1J.”

_________________________________________________________________






The following members of the Board considered AFBCMR Docket Number  BC-2003-
03622 in Executive Session on 22 January 2003, under the provisions  of  AFI
36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Gregory H. Petkoff, Member
                 Mr. Albert Ellett, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 October 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRSP, dated 20 November 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 5 December 2003.




                       MICHAEL K. GALLOGLY
                       Panel Chair




AFBCMR BC-2003-03622





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 January 2003 and to
show that at the time of his discharge on 17 January 2003, he was issued a
Reenlistment Eligibility (RE) code of “1J.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency