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AF | BCMR | CY2005 | BC-2004-03087
Original file (BC-2004-03087.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03087
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility  (RE)  code  2C  (involuntary  separation  with
honorable discharge) and his narrative reason for separation be  changed  to
enable him to enter the Army.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He received nothing but good performance feedbacks and  never  received  any
bad  records.   He  is  requesting  these  changes  to  his  DD  Form   214,
Certificate of Release or Discharge From Active Duty, so he doesn’t have  to
wait two years to enlist in the Army.

In support of his application, the applicant provides a copy of his DD  Form
214.  The applicant’s complete submission, with attachment,  is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

On 11 September 2001, the applicant enlisted in the  Regular  Air  Force  at
the age of 18 in the grade of airman basic (E-1) for a period of six  years.
 The applicant was guaranteed training as a Security Forces Apprentice.   He
was progressively promoted to the grade of senior  airman  (E-4),  effective
and with  a  date  of  rank  of  5  March  2004.   He  received  2  Enlisted
Performance Reports (EPRs) for the periods closing  15  April  2003  and  15
April 2004, in which the overall evaluations were 5.

On 21 July 2004, the applicant’s commander notified  the  applicant  of  his
intent to recommend him for discharge based on failure to  progress  in  on-
the-job training after the applicant twice  failed  his  career  development
course (CDC) end-of-course (EOC) exam.  The applicant acknowledged  receipt,
consulted counsel and chose to waive his right to submit matters on his  own
behalf.  On 28 July 2004, the  Commander  signed  a  recommendation  to  the
discharge authority for  the  applicant’s  discharge  based  on  failure  to
progress in on-the-job training.  The discharge case file was  found  to  be
legally sufficient by the staff judge advocate.  On  25  January  1996,  the
discharge  authority  approved  the   recommended   separation   under   the
provisions  of  AFPD  36-32  and  AFI  36-3208,  Paragraph  5.26.3  with  an
honorable service characterization and  no  opportunity  for  probation  and
rehabilitation.

The applicant was honorably  discharged  effective  9  August  2004  with  a
separation code JHJ (unsatisfactory performance) and a reentry  code  of  2C
(involuntary separation with honorable discharge).  He had served  2  years,
11 months and 29 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states that based on  the  evidence  of
record, the applicant’s discharge was consistent  with  the  procedural  and
substantive requirements of the  discharge  regulation.   Additionally,  the
discharge was  within  the  discretion  of  the  discharge  authority.   The
applicant did not provide any facts warranting a change in his  reenlistment
eligibility code or narrative reason for separation, nor did he  submit  any
new evidence or identify any errors  or  injustices  that  occurred  in  his
discharge processing.  The DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was  forwarded  to  the  applicant  on  8
October 2004, for review and comment within 30  days  (Exhibit  D).   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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  probable  injustice.   After  a  thorough   review   of   the
applicant’s submission and the evidence of  record  we  are  persuaded  that
some relief is warranted.  We note the discharge action  taken  against  the
applicant was in  accordance  with  the  applicable  instruction.   However,
while the applicant may  have  had  problems  progressing  in  the  required
technical training courses, we have seen no evidence of  misconduct.   Since
the applicant has expressed a desire to enter the Army, at a time  when  the
Army needs capable bodies, we feel  the  applicant  should  be  afforded  an
opportunity to reenter the military and possibly  cross-train  into  another
career field more suitable to his capabilities and education.   In  view  of
the above, we agree his reentry code should  be  changed  to  allow  him  to
apply for military service.  By changing the applicant’s RE code to a 3K,  a
waiverable code, he may again apply for entry into  the  service.   However,
he should be aware that whether or not a waiver of this RE code  is  granted
would be based on the needs  of  the  service  to  which  he  applies.   The
narrative reason  for  discharge  which  was  issued  at  the  time  of  the
applicant’s  separation  accurately  reflects  the  circumstances   of   his
separation and we do not  find  this  reason  to  be  in  error  or  unjust.
Accordingly, his request to change his narrative  reason  for  discharge  is
not favorably considered.  In  view  of  the  foregoing,  we  recommend  the
applicant’s records be corrected as indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that, at the time of his  discharge  on  9
August 2004, he was issued a reenlistment eligibility (RE) code of 3K.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 18 January 2005, under the provisions of AFI 36-2603:

            Mr. Robert S. Boyd, Panel Chair
            Ms. B.J. White-Olson, Member
            Mr. Lanny Cawthon, Member


The following documentary evidence for AFBCMR  Docket  Number  BC-2004-03087
was considered:

     Exhibit A.  DD Form 149, dated 9 Sep 04, with atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 7 Oct 04.
     Exhibit D.  Letter, SAF/MRBR, dated 8 Oct 04.




                                  ROBERT S. BOYD
                                  Panel Chair


AFBCMR BC-2004-03087




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 XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that , at the time
of his discharge on 9 August 2004, he was issued a reenlistment eligibility
(RE) code of 3K.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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