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AF | BCMR | CY2004 | BC-2004-00938
Original file (BC-2004-00938.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00938
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of RE-2C be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During his year of enlistment his grandfather became very ill.  Due to
the nature of his illness he was emotionally unprepared to take on the
responsibilities of being an airman.  Now since  his  grandfather  has
died he feels that he is mentally,  physically  and  highly  motivated
toward a career in the military.  He trusts  the  Board  will  make  a
positive decision on his request and  allow  him  the  opportunity  to
serve and make a positive difference in today’s Air Force.

In support of the appeal,  applicant  submits  a  copy  of  the  death
certificate of his grandfather.  Applicant's complete submission, with
attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 29 August 2000  in  the
grade of airman first class (E-3) for a period of six years.

On 1 August 2001, applicant’s  commander  notified  him  that  he  was
recommending discharge from the  Air  Force  for  unsatisfactory  duty
performance.   The  bases  for  the  commander’s  recommendation   for
discharge:  (1) On 12 July 2001, applicant failed Block II, Version  B
test with a score of 60 percent and the minimum passing score  was  70
percent.  (2) On 11 June 2001, applicant failed  Block  I,  Version  B
test with a score of 55 percent and the minimum passing score  was  70
percent.  (3) In April 2001, applicant was eliminated from the Traffic
Management Apprentice Course for academic deficiencies.  (4) In  March
2001, applicant was eliminated  from  the  Aircraft  Armament  Systems
Apprentice Course for academic deficiencies.

On  1  August  2001,  the  applicant  acknowledged  receipt   of   the
notification for discharge and waived his rights to consult with legal
counsel and submit statements in  his  own  behalf.   The  base  legal
office reviewed the case and recommended the  applicant  be  separated
with an  honorable  discharge  without  probation  and  rehabilitation
(P&R).  The discharge authority approved the separation  and  directed
applicant be discharged with an honorable discharge without P&R.

Applicant was separated from the Air Force on 22 August 2001 under the
provisions  of  AFI  36-3208,  Administrative  Separation  of   Airmen
(unsatisfactory performance), with an honorable discharge.   An  RE-2C
(Involuntarily separated with an honorable  discharge)  was  assigned.
He had served 11 months and 23 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS states that discharge was consistent  with  the  procedural
and  substantive  requirements  of  the  discharge  regulation.    The
discharge was  within  the  discretion  of  the  discharge  authority.
Therefore, they recommend denial of applicant’s request.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 April 2004, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and response 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 probable error or  injustice.   After  reviewing  the
evidence of record, the majority of the Board is  not  persuaded  that
the applicant’s records are in error or that he has been the victim of
an injustice.  He has not provided any new evidence or identified  any
error or injustices that occurred in  the  discharge  processing.   In
addition, no evidence has been provided that would lead  the  majority
of the Board to believe he is now able to  successfully  complete  the
academic studies that would be required for any Air Force specialty to
which he would be assigned.  Therefore,  the  majority  of  the  Board
agrees with opinion and recommendation of the  Air  Force  and  adopts
their rationale as the basis for the conclusion that the applicant has
not been the victim of an error or injustice.  In view of  the  above,
the majority of the Board finds  no  basis  upon  which  to  recommend
favorable action on this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 May 2004, under the provisions of AFI 36-2603:

            Mr. Gregory H. Petkoff, Panel Chair
            Mr. Michael J. Novel, Member
            Ms. Kathleen F. Graham, Member

By a majority vote, the Board recommended denial of  the  application.
Ms. Graham voted to correct the records but does not desire to  submit
a Minority Report.  The following documentary evidence was  considered
in connection with AFBCMR Docket No. BC-2004-00938:

      Exhibit A.  DD Form 149, dated 28 Jan 02, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dated 1 Apr 04.
      Exhibit D.  Letter, SAF/MRBR, dated 9 Apr 04.




                                   GREGORY H. PETKOFF
                                   Panel Chair






AFBCMR BC-2004-00938





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                       FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant
had not provided substantial evidence of error or injustice and
recommended the case be denied.  I concur with that finding and their
conclusion that relief is not warranted.  Accordingly, I accept their
recommendation that the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency



MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                          CORRECTION OF MILITARY RECORDS (AFBCMR)


FROM:  SAF/MRB


SUBJECT:  , AFBCMR Docket Number BC-2004-00938

      I have carefully considered all aspects of this case and do not
agree with the majority of the panel that the applicant’s request
should be denied.

      After reviewing the available documentation, I believe
applicant’s reenlistment eligibility (RE) code should be changed, on
the basis of clemency based on the reason that he was emotionally
unprepared to take on the responsibilities of being an airman.

      After reviewing the circumstances surrounding his separation, I
find no evidence that his separation and the corresponding
reenlistment eligibility (RE) code he received are in error.
Nevertheless, based on the circumstances presented in this case, I do
believe he should be provided the opportunity to apply for enlistment
in the service if he so desires.  While the applicant apparently
experienced academic difficulties while assigned to duties as a
technical trainee, he has offered a plausible explanation for his
inability to concentrate on his studies.  I note that the file
contains no reference to any disciplinary difficulties.  In view of
this fact, as a matter of clemency, it is my decision that his RE code
be changed to “3K.”  This code is waiverable and will provide him the
opportunity to apply for enlistment in the Armed Forces.  Whether or
not he is successful will depend on the needs of the services and my
recommendation in no way guarantees that he will be allowed to return
to the Air Force or any branch of the service.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency



AFBCMR BC-2004-00938



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 to show that at the time of his discharge on 22
August 2001, he was issued a Reenlistment Eligibility (RE) code of “3K.”





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency


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