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AF | BCMR | CY2004 | bc-2004-00683
Original file (bc-2004-00683.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00683
            INDEX NUMBER: A29.00, 110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for her separation be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

She was discharged  due  to  academic  deficiencies,  as  evidenced  in  her
administrative training record.  She  was  still  in  the  initial  training
phase and should not have been separated.

In support of the appeal, applicant submits copies of her  Student  Training
Reports and a Record of Administrative  Training  Action,  AETC  Form  125A,
dated 19 February 2003.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force  Reserve  on  13 June  2002,  under  the
Delayed Enlistment Program (DEP).  She was  honorably  discharged  from  the
DEP on 14 October 2002, after completing 4 months and  2  days  of  inactive
service.  She contracted her initial enlistment in the Regular Air Force  on
15 October 2002.  On 28 February 2003, the commander notified her  that  she
was being recommended for discharge  from  the  Air  Force  for  entry-level
performance and conduct.  The bases for the proposed action  were  that  the
applicant twice failed her written test, Test 1, Version A, with  scores  of
60% and 64% -- the minimum passing score was 70%; failed three  attempts  to
meet the minimum qualifying standard on the M16A2 rifle, with scores of  13,
16, and 22 -- the minimum score was 25; and twice failed her  written  test,
Test 3, Version A, with scores of 64% and 56% -- the minimum score was  70%.
 On 12 March 2003, she received an uncharacterized  entry  level  separation
from the Air Force in the grade of airman basic (E-1), under the  provisions
of AFI 36-3208 (Entry Level Performance and Conduct), and was issued  an  RE
code of 2K (Has been formally notified by the unit commander  of  initiation
of involuntary separation action)  and  a  separation  code  of  JGA  (Entry
Level).  She completed 4 months and 28 days of active service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends the application be denied and states,  in  part,  that
based upon the documentation in the file, they  believe  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation at that time.  Additionally, the discharge  was  within
the sound discretion of the discharge  authority.   The  applicant  did  not
submit any new evidence or identify any errors or injustices  that  occurred
in the discharge processing.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 26 March 2004 for review and response within 30  days.   However,  as  of
this date, no response has been received by this office.

_________________________________________________________________

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  error  or  injustice  to  warrant  changing  her  Reenlistment
Eligibility (RE) code and deleting the words “and conduct” from the DD  Form
214 issued at  the  time  of  her  uncharacterized  entry-level  separation.
After reviewing the applicant’s submission and the evidence  of  record,  we
are persuaded that some relief  is  warranted.   It  appears  the  discharge
action taken against her was in accordance with the  applicable  instruction
and we find  no  evidence  that  her  separation  from  the  Air  Force  was
inappropriate.  However, after reviewing her request  and  the  evidence  of
record, we find the narrative reason for her 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 her separation  for  academic  deficiency  was
also due to misconduct.  While she may have had problems progressing in  the
required  training  program,  we  have  seen  no  evidence  of   misconduct.
Therefore, in order to correct an injustice of improperly labeling her,  the
narrative reason for  her  separation  should  be  corrected  to  accurately
reflect the circumstances of her separation.  We also note that at the  time
of her separation, she should have been issued  RE  code  2C  (Involuntarily
separated with an honorable discharge, or  entry  level  separation  without
characterization of service), rather than RE  code  2K  (Has  been  formally
notified by the unit  commander  of  initiation  of  involuntary  separation
action).  In view of the foregoing, we recommend her  records  be  corrected
to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS 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  her  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, issued on 12 March 2003, and to  show
that she was issued a Reenlistment Eligibility (RE) code of 2C at  the  time
of her uncharacterized entry-level separation.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2004-00683
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 24 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 17 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.




                                   BRENDA L. ROMINE
                                   Panel Chair

AFBCMR BC-2004-00683




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 XXXXXXX, XXXXXXX, be corrected by deleting the words “and
conduct” from Block 28 (Narrative Reason for Separation) on her DD Form
214, Certificate of Release or Discharge from Active Duty, issued on 12
March 2003, and to show that she was issued a Reenlistment Eligibility (RE)
code of 2C at the time of her uncharacterized entry-level separation.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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