RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00544
            INDEX CODE:  110.02

            COUNSEL:  Ms. Annette M. Juriaco

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) Code of “2C” and her Narrative Reason  for
Separation be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She suffered an injustice  because  she  had  difficulty  understanding  the
English language.  She could not understand the orders that  were  given  to
her causing an uncomfortable situation within her  flight.   She  wanted  to
serve in the Air Force despite the fact  she  spoke  and  knew  very  little
English.  She received several counselings and a letter  of  reprimand.   On
17 January 2003, she was given various letters to sign even though  she  had
no idea what she was signing.  Since she was not permitted to read what  she
was signing she understood that she was  being  discharged  for  performance
and not for misconduct.

She is currently trying to enlist in the Armed Forces but because of her  RE
code she is not eligible.  The  Army  has  offered  her  a  job  working  in
Military Intelligence since she has a Bachelor’s degree in Criminology.

In support of her request, she submits a personal statement, a  letter  from
the Army Recruiting  Company,  Brooklyn  NY,  a  letter  from  her  language
instructor, a copy of her DD Form  214  and  a  copy  of  her  Congressional
inquiry.  Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  in  the  grade  of  senior
airman (E-3) on 3 December 2002.  Applicant was enrolled in  Basic  Military
Training.

On or  about  27  December  2002,  applicant  was  involved  in  a  physical
altercation with another trainee.  For this incident, she received a  letter
of reprimand.

On 17 January  2003,  applicant  was  notified  by  her  commander  that  in
accordance with AFPD  36-32  and  AFI  36-3208,  paragraph  5.22.2,  he  was
recommending the applicant be discharged from the Air Force  with  an  entry
level separation.  The commander stated the specific reasons for his  action
was that the applicant’s failure  to  adapt  to  the  military  environment,
failure to make  satisfactory  progress  in  a  required  training  program,
reluctance to make the effort necessary  to  meet  Air  Force  standards  of
conduct and duty performance and the lack of self-discipline.

The applicant was advised of her  rights  in  this  matter.   The  applicant
acknowledged  receipt  of  the  notification  on  that  same  date  and  the
commander initiated  discharge  proceedings  against  the  applicant  on  17
January  2003.   Applicant  waived  her  right  to  counsel  and  to  submit
statements on her own behalf.

In an undated letter the discharge authority directed that the applicant  be
discharged from the Air Force with an entry-level separation.   Accordingly,
applicant was discharged on 24 January 2003  for  “Entry  Level  Performance
and Conduct” with an  RE  code  of  2C,  “Involuntarily  separated  with  an
honorable discharge; or entry level separation without  characterization  of
service.”  She had served 1 month and 22 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states  that  airmen
are given entry-level  separation/uncharacterized  service  characterization
when separation is initiated in the first  180  days  of  continuous  active
serve.   The  uncharacterized  character  of  service  is  correct  and   in
accordance with DoD and  Air  Force  instructions  due  to  the  applicant’s
limited service (see Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 May 2004, a  copy  of  the  Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a 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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an injustice.  After reviewing the applicant’s  submission,  we
are of the opinion that the applicant has provided  sufficient  evidence  to
lead us to  conclude  that  following  her  separation,  she  has  committed
herself to  improving  her  English  language  skills  by  enrolling  in  an
intensive English training course.  In light of  her  academic  achievement,
we believe she should be given the opportunity to apply  for  enlistment  by
changing her RE code to “3K”, a waiverable code reserved  for  use  by  this
Board.  An RE “3” series code will permit her to apply for enlistment.   The
United States Army may elect to waiver her ineligibility and  allow  her  to
enlist.  The applicant should understand that this RE code change in no  way
obligates the  Army  or  any  of  the  other  Services  to  accept  her  for
enlistment.  Therefore, we recommend her records be corrected to the  extent
indicated below.

4.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice in the matter of the  applicant’s  narrative
reason for separation.  The applicant has established that because  she  had
difficulty understanding the English language she could not  understand  the
orders that were given to her causing an uncomfortable situation within  her
flight.   However,  the  record  reveals  that  efforts   to   improve   her
performance met with negative results and  she  demonstrated  on  more  than
once occasion behavioral problems.  The applicant has provided  no  evidence
that would lead us to believe that the counseling statements are  in  error.
In the absence of any evidence  to  the  contrary  and  notwithstanding  the
change we propose to her RE Code, we are not inclined to recommend a  change
to her reason for separation.  Accordingly, the applicant’s  request  for  a
change to her narrative reason for separation is not favorably considered.

________________________________________________________________

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 her discharge  on  24
January 2003, she was issued a Reenlistment Eligibility (RE)  code  of  “3K”
rather than “2C.”

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 1 July 2004, under the provisions of AFI 36-2603:

            Mr. John L. Robuck, Panel Chair
            Mr. Grover L. Dunn, Member
            Ms. Carolyn B. Willis, Member
All members voted to correct the records  as  indicated.   The  following
documentary  evidence  for  AFBCMR  Docket   Number   BC-2004-00544   was
considered:

    Exhibit A.  DD Form 149, dated 25 Feb 04 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.





                                   JOHN L. ROBUCK
                                   Panel Chair



AFBCMR BC-2004-00544




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 xxxxxxxxxxxxxx, be corrected to show that at the time of her
discharge on 24 January 2003, she was issued a Reenlistment Eligibility
(RE) code of “3K” rather than “2C.”






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency