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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