RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03544
INDEX CODE: 100.03, 100.06
XXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXXXXXX HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation and reenlistment eligibility
(RE) code be changed to allow him to rejoin the Armed Forces.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The grounds for his separation were not a result of entry-level
performance and conduct as stated on his DD Form 214, Certificate
of Release or Discharge from Active Duty. His commander advised
him that he would be able to separate from the Air Force without a
negative discharge in order to finish college and that he would be
eligible to enter a commissioning program. At the time of his
separation, no one advised him that he would be ineligible to
reenlist, nor did they explain the meaning of his RE code.
In support of his request, the applicant submitted a personal
statement, a copy of his DD Form 214, four (4) Character Reference
letters, a copy of his Norfolk State University College Transcript,
a copy of a Golden Key International Honour Society Certificate and
a letter from the Golden Key International Honour Society.
His complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 12 November
2002, in the grade of airman basic.
On 19 March 2003, his commander notified him that he was
recommending he be discharged from the Air Force under the
provisions of AFI 36-3208, Administrative Separation of Airmen
(entry-level performance and conduct). The specific reason for his
action was on 3 March 2003, the applicant was eliminated from the
Integrated Avionics Systems Apprentice course due to academic
deficiencies. He failed his Block 3 test on 12 February 2003,
scoring a 63; passing score is 70. On 26 February 2003, he failed
his Block 4 test with a score of 55 percent. The applicant was
advised of his rights in the matter. On 19 March 2003, he
acknowledged receipt of the notification, waived his right to
consult counsel, and elected not to submit statements on his own
behalf. The case was reviewed on 21 March 2003, and found to be
legally sufficient to support discharge. He was separated from the
Air Force on 27 March 2003, with an uncharacterized entry-level
separation, and received an RE code of 2C ”Involuntarily separated
with an honorable discharge; or entry level separation without
characterization of service.” He served 4 months and 16 days on
active duty.
___________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states that based upon the
documentation in the file, the 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 submit any new evidence or identify any
errors or injustices that occurred in the discharge process; nor
did he provide any facts warranting a change to his RE code or
narrative reason for separation.
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 (DoD)
determined if a member served less than 180 days of 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 DoD and Air
Force instructions.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states that when his squadron commander advised him
he would be able to separate from the Air Force, he told him it
would be an entry-level separation not unsatisfactory entry-level
performance and conduct. He went to the commander to ask if there
was a way to be separated without receiving a negative discharge in
order to finish college. Although he tried, he did not past the
electronics portion of his training. He did not know that he would
be an electrician nor did he consider himself knowledgeable in that
field. He was told he would be working with computer systems.
Prior to enlisting, he made his interest in computer systems known
and was advised that the bomber avionics AFSC would allow him to
work with computer systems. They failed to tell him he would be
performing duties as an electrician. He would like to join any
branch of the Armed Forces and requests the opportunity to fulfill
his dream of having a career in the United States military.
His complete response is at Exhibit E.
___________________________________________________________________
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 concerning the
applicant’s (RE) code. The applicant has provided no evidence
showing that his assigned RE code is in error or contrary to the
prevailing instruction. The RE code which was issued at the time
of applicant’s separation accurately reflects the circumstances of
his separation and we do not find this code to be in error or
unjust. We, therefore, conclude that no basis exists upon which to
recommend favorable action on his request that it be changed.
4. Sufficient relevant evidence has been presented to demonstrate
the existence of error or injustice warranting a change in the
narrative reason for separation. After reviewing the applicant’s
submission and the evidence of record, the majority of the Board is
persuaded that some relief is warranted. We note that the
discharge action taken against the applicant was in accordance with
the applicable instruction. However, after reviewing the
applicant’s request and the evidence of record, the majority of the
Board finds the narrative reason for his 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 his separation for
academic deficiency was also due to misconduct. While the
applicant may have had problems progressing in the required
technical training courses, the majority of the Board saw no
evidence of misconduct. Therefore, in order to correct an
injustice of improperly labeling the applicant, his narrative
reason for separation should be corrected to accurately reflect the
circumstances of his separation. In view of the foregoing, the
majority of the Board recommends the applicant’s records be
corrected by deleting the words “and conduct” from his narrative
reason for separation.
___________________________________________________________________
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 his DD
Form 214, Certificate of Release or Discharge from Active Duty,
issued on 27 March 2003.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2004-03544 in Executive Session on 13 January 2005, under the
provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Jan Mulligan, Member
Mr. Garry G. Sauner, Member
The Board recommended denial of applicant’s request for an RE code
change. However, by a majority vote, the Board recommended
granting a change to the narrative reason. Mr. Peterson voted to
deny a change to the narrative reason and elected not to submit a
minority report.
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Nov 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 1 Dec 04.
Exhibit D. Letter, SAF/MRBR, dated 3 Dec 04.
Exhibit E. Letter, Applicant, dated 3 Jan 05.
RICHARD A. PETERSON
Panel Chair
AFBCMR BC-2004-03544
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 APPLICANT be corrected by deleting the words "and
conduct" from Block 28 (Narrative Reason for Separation) on his DD
Form 214, Certificate of Release or Discharge from Active Duty, issued
on 27 March 2003.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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