Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-01896
Original file (BC-2005-01896.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
01896
                                             INDEX CODE:  100.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  17 DECEMBER 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from  “2C”  to  a
“3” series to permit reentry into the military.

___________________________________________________________________

APPLICANT CONTENDS THAT:

It is unjust to be penalized a  two-year  waiting  period  to  join
another branch of the military for failing his end-of-course  (EOC)
exam.  Because of the great need for army personnel, he would  like
to join the army reserves.

In support of his  request,  the  applicant  submits  his  personal
statement, and a copy of his DD Form 214, Certificate of Release or
Discharge from Active Duty.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 19 Mar  02,  in  the
grade of airman first class (E-3), for a period of four years.  His
highest grade held was senior airman.

Applicant’s Enlisted Performance Report (EPR) profile follows:

     PERIOD ENDING            OVERALL PROMOTION EVALUATION

      18 Nov 03                             4
      19 Nov 04                             3

On 2 Feb 05, the squadron commander notified the applicant that  he
was recommending he be discharged from the Air Force for failure to
progress in on-the-job-training (OJT).  The  commander  stated  the
following reasons for the proposed discharge:

     a.  On or about 29 Sep 04, member failed his EOC exam  with  a
score of 42 percent – minimum passing score was 65 percent.

     b.  On or about 29 Nov 04, member failed his EOC exam for  the
second time with a score of 43 percent – minimum passing score  was
65 percent.

Applicant received a Memorandum for Record on 3 Jun 04, for failure
to answer his telephone and being more than two hours late for  the
Medical Group telephone recall.

On 7 Feb  05,  applicant  acknowledged  receipt  of  the  discharge
notification and after consulting with legal  counsel  submitted  a
statement in his own behalf.  On 14 Feb 05, the discharge authority
approved  the  separation  and  directed  that  the  applicant   be
discharged  with  an  honorable  discharge  without  probation  and
rehabilitation.

On 17 Feb 05, applicant was honorably discharged in  the  grade  of
senior airman, under the provisions of AFI 36-3208,  by  reason  of
unsatisfactory performance,  and  was  issued  an  RE  code  of  2C
(involuntarily separated with an honorable discharge).  He served 2
years, 10 months, and 29 days of 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 his reenlistment eligibility code.

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

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 8 Jul 05, 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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  After  careful  consideration
of the available records, the RE code assigned at the time  of  the
applicant’s separation appears to be  technically  correct  and  in
accordance  with  the  governing  instruction.   Nevertheless,   we
believe that some relief is appropriate  in  this  case.   In  this
respect, we note  that,  except  for  the  applicant’s  failure  to
progress in his on-the-job training due to his two  failed  end-of-
course exams, his overall duty performance was good.  We also found
no evidence of any disciplinary problems.   In  view  of  this,  we
believe it would be an injustice for the applicant to  continue  to
suffer the adverse effects of the assigned  RE  code  and  that  he
should be  afforded  a  second  chance  to  serve.   Therefore,  we
recommend that his RE code be changed to 3K, which is a  code  that
can be waived for prior service enlistment consideration,  provided
applicant meets all other  requirements  for  enlistment  under  an
existing prior service program.

___________________________________________________________________

THE BOARD RECOMMENDS 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  17  February  2005,  he  was  issued  a  Reenlistment
Eligibility (RE) Code of “3K.”

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-01896 in Executive Session on 11  August  2005,  under  the
provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Ms. Sue A. Lumpkins, Member
      Mr. Gregory A. Parker, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Jun 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 5 Jul 05.
     Exhibit D.  Letter, SAF/MRBR, dated 8 Jul 05.




                                   MARILYN M. THOMAS
                                   Vice Chair



AFBCMR BC-2005-01896




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 to show that at the
time of his discharge on 17 February 2005, he was issued a
Reenlistment Eligibility (RE) Code of “3K.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2005 | BC-2004-03906

    Original file (BC-2004-03906.DOC) Auto-classification: Denied

    Applicant’s complete submission is attached at Exhibit A. Applicant was honorably discharged on 6 Nov 03, in the grade of airman (E-2), under the provisions of AFI 36-3208, by reason of unsatisfactory performance. Applicant’s response to Air Force evaluation is at Exhibit E. ___________________________________________________________________ THE BOARD CONCLUDES THAT: 1.

  • AF | BCMR | CY2006 | BC-2005-02379

    Original file (BC-2005-02379.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02379 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 1 Feb 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed...

  • AF | BCMR | CY2012 | BC-2012-01119

    Original file (BC-2012-01119.pdf) Auto-classification: Denied

    The applicant concurred with his supervisor’s recommendation and stated that he would rather separate from the Air Force instead of retraining. On 16 Jan 09, the applicant received a referral enlisted performance report (EPR), for violations of Article 86, UCMJ, failing to report to duty at the prescribed time and twice failing his CDC EOC exam. _________________________________________________________________ The following members of the Board considered Docket Number BC-2012-01119 in...

  • 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. On 28 July 2004, the...

  • AF | BCMR | CY2005 | BC-2005-01690

    Original file (BC-2005-01690.doc) Auto-classification: Denied

    The applicant’s commander recommended she be discharged under the Force Shaping Program. 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 following members of the Board considered Docket Number BC-2005- 01690 in Executive Session on 10 November 2005, under the provisions of AFI 36-2603: Mr. Michael...

  • AF | BCMR | CY2001 | 0002965

    Original file (0002965.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02965 INDEX CODE: 110.00, 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code of 2C be changed to allow eligibility to reenter the Air Force. He requests additional information be provided concerning his discharge. A complete copy of this response is appended...

  • AF | BCMR | CY2005 | BC-2005-02417

    Original file (BC-2005-02417.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 02417 INDEX CODE: 100.00, 110.00 COUNSEL: NONE HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 5 FEBRUARY 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation and reenlistment eligibility (RE) code be upgraded. ___________________________________________________________________ THE BOARD...

  • AF | BCMR | CY2004 | BC-2003-02930

    Original file (BC-2003-02930.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02930 INDEX CODE: 100.03, 100.06 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code be changed from “2C” to “1”. He consulted with counsel and submitted a conditional waiver of the rights associated with an administrative discharge board hearing. The waiver request...

  • AF | BCMR | CY2004 | BC-2004-00087

    Original file (BC-2004-00087.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommends the application be denied and states, in part, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant upgrading his RE code. _________________________________________________________________ The following members of the...

  • AF | BCMR | CY2005 | BC-2004-03070

    Original file (BC-2004-03070.doc) Auto-classification: Denied

    The base legal office reviewed the case and found it legally sufficient to support discharge and recommended applicant be discharged with an honorable discharge without probation and rehabilitation. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states, 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. ...