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AF | BCMR | CY2004 | BC-2004-01670
Original file (BC-2004-01670.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01670
            INDEX NUMBER:  100.06, 110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from RE-2 to RE-1
to permit reentry into the military.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was separated because of academic reasons.  He does not  believe
barring him from  enlistment  is  fair  for  failing  a  test.   He
believes he can succeed in the Air Force if allowed to reenlist.

Applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 5  Mar  02,  in  the
grade of airman basic (E-1), for a period of four years.

On 30 May 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.  On 17 May 02, member failed Test 1 Version A with a  score
of 56 percent – minimum passing score was 70 percent.

     b.  On 22 May 02, member failed Test 1 Version B with a  score
of 42 percent – minimum passing score was 70 percent.

On 30 May 02, applicant waived his option to consult legal  counsel
and to submit statements in his own behalf.  On 31 May 02, the  Air
Education and Training Command attorney advisor found the case file
to be legally sufficient to support separation.  On 3 Jun  02,  the
discharge authority directed an entry-level separation.

On 11 Jun 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 seven days active military service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied, and states,  in
part, 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.    The
discharge was within the discretion of the discharge authority.

Applicant did not submit any evidence or  identify  any  errors  or
injustices that occurred in the discharge processing.  He  provided
no facts warranting a change to the narrative reason for separation
or a change to his reenlistment eligibility code.

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 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 Department of Defense and
Air Force instructions.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 Jun 04, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not 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 an error or injustice.  At the time  a
member is separated from the Air Force, they are  furnished  an  RE
code  predicated  upon  the  quality  of  their  service  and   the
circumstances of their separation.  The assigned code reflects  the
Air Force’s position  regarding  whether  or  not,  or  under  what
circumstances, the individual should be allowed to reenlist.  After
careful  consideration  of  the  evidence  provided,  we  are   not
persuaded that the assigned RE code is in error or unjust  or  that
an upgrade of the RE code is  warranted.   Therefore,  we  find  no
basis upon which to recommend favorable action on this application.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified  that  the  evidence  presented  did  not
demonstrate the existence of material error or injustice; that  the
application was denied without a personal appearance; and that  the
application will only be reconsidered upon the submission of  newly
discovered relevant evidence not considered with this application.

___________________________________________________________________

The following members of the Board considered Docket Number BC-2004-
01670 in Executive Session on 17 August 2004, under the  provisions
of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Ms. Renee M. Collier, Member
      Mrs. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 17 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 14 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jun 04.




                                   ROSCOE HINTON JR.
                                   Panel Chair

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