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AF | BCMR | CY2004 | BC-2003-04296
Original file (BC-2003-04296.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-04296
                                        INDEX NUMBER:  100.00
                                        COUNSEL:  NONE

                                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry level separation be changed to an  honorable
discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His entry level separation, narrative reason (Entry Level  Performance
and Conduct) is unjust.  He would like  his  discharge  to  reflect  a
general discharge/honorable.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5 Feb 02, for a  period
of four years.

On 23 Apr 02, applicant was notified  of  his  commander's  intent  to
recommend him for an  entry  level  separation  for  failure  to  make
satisfactory progress in a required training program.   The  commander
stated the following reasons for the proposed discharge:

     a.     Member was eliminated from the Security  Forces  technical
training course for Weapons Failure after six attempts with scores  of
7, 12, 21, 18, 22 and 20 – minimum passing is 28.

      b.      Prior  to  applicant’s  elimination,  he  was  counseled
concerning his weapons failures and  received  ten  hours  of  Special
Individualized Assistance.


     c.     Efforts to improve the applicant’s  performance  met  with
negative results.  As a result, he was disenrolled from  the  Security
Forces technical training course on 15 Apr 02.

On 23 Apr 02, applicant waived his option to consult legal counsel and
to submit statements in his own behalf.

On 25 Apr 02, the assistant staff judge advocate found the  case  file
to be legally sufficient to support separation.  On  26  Apr  02,  the
discharge authority directed an entry level separation.

On 7  May  02,  applicant  received  an  uncharacterized  entry  level
separation, by reason of entry level performance and conduct, and  was
issued a reenlistment  eligibility  (RE)  Code  of  2C  (involuntarily
separated with an entry level separation).  He served three months and
three days total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommends  denial.   They
state that, 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.

Airmen  are  given  entry-level   separation/uncharacterized   service
characterization when separation is initiated in the first 180 days of
continuous active service.  The Department of Defense (DoD) determined
if a member served less than 180 days continuous  active  service,  it
would be unfair to the member and the service  to  characterize  their
limited service.  Therefore, his uncharacterized character of  service
is correct and in accordance with DoD and Air Force instructions.   An
entry-level/uncharacterized  separation  should  not  be   viewed   as
negative and should not be confused with other types of separation.

A complete copy of the Air Force evaluation is attached  at    Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
13 Feb 04, for review and comment within 30 days.  To  this  date,  no
response has been received by this office (Exhibit D).

_________________________________________________________________

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 error or injustice.  The discharge appears to  be  in
compliance with the governing instruction.  Airman  are  given  entry-
level   separation/uncharacterized   service   characterization   when
separation is initiated in the first 180  days  of  continuous  active
service.  The Department of  Defense  (DoD)  determined  if  a  member
served less than 180 days  continuous  active  service,  it  would  be
unfair to the member and the service  to  characterize  their  limited
service.  Therefore,  his  uncharacterized  character  of  service  is
correct and in accordance with DoD and  Air  Force  instructions.   An
entry-level/uncharacterized  separation  should  not  be   viewed   as
negative and should not be confused with other  types  of  separation.
The applicant has provided no evidence showing that his  discharge  is
in error or contrary to the prevailing  instruction.   We,  therefore,
conclude that no basis exists upon which to recommend favorable action
on his request that his  uncharacterized  entry  level  separation  be
changed to an honorable discharge.

4.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting a  change  in  the
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  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 failure to make
satisfactory progress in a required training program 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 DETERMINES 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 7  May
2002.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
04296 in Executive Session on 10 June 2004, under  the  provisions  of
AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Deborah A. Erickson, Member
      Mr. Christopher D. Carey, Member

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

    Exhibit A.  DD Form 149, dated 23 Dec 03
    Exhibit B.  Applicant's Master Personnel Records
    Exhibit C.  Letter, AFPC/DPPRS, dated 5 Feb 04
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04




                                   BRENDA L. ROMINE
                                   Panel Chair



AFBCMR BC-2003-04296




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 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 7 May 2002.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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