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AF | BCMR | CY2005 | BC-2005-02211
Original file (BC-2005-02211.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02211

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 JANUARY 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized entry-level separation be changed so that  he  may
reenlist into the Armed Services.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  separated  from  the  Air  Force  and  given  an  entry-level
separation. He was told he  could  not  reenlist  in  the  Air  Force;
however, he might be allowed to join any other branch of service.  The
Navy told him  that  the  “2C”  RE  code  must  be  changed  to  allow
reenlistment in the Navy.

In support of his application, the applicant has provided  a  personal
statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
20 August 1997 for a term of four years.

On 6 January 1998, the commander notified the member that he was being
discharge from the Air Force for entry-level performance and  conduct.
The  commander  recommended  the  applicant  receive  an   entry-level
separation based on the following:

      (1) On or about 12 November 1997,  applicant  failed  Block  III
retest examination with a score of 63%, minimum passing score is 70%.

      (2) On or about 26 November  1997,  applicant  failed  Block  IV
examination with a score of 63%, minimum passing score is 70%.

      (3) On or about 11  December  1997,  applicant  failed  Block  V
examination with a score of 66%, minimum passing score is 70%.
      (4) On or about 18 December 1997, applicant was eliminated  from
training.

Applicant acknowledged receipt of the notification  of  discharge  and
after consulting with legal submitted statements in  his  own  behalf.
The base legal office reviewed the case  file  and  found  it  legally
sufficient to support separation with an entry-level  separation.  The
discharge  authority  approved  the  separation  and   directed   that
applicant be separated with an entry-level separation.

On 29 January 1998, the applicant was involuntarily  discharged  under
the provisions of AFI 36-3208,  Administrative  Separation  of  Airmen
(entry-level performance and conduct) with service uncharacterized and
a 2C reenlistment eligibility (RE) code. He served  5  months  and  10
days of total active military service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial  and  stated   that   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.  This 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 character
of service or his reenlistment eligibility code.

Airmen  are  given  entry-level   separation/uncharacterized   service
characterization when separation is initiated in the  first  180  days
continuous active service.  The Department of Defense (DoD) 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 DoD and Air Force instructions.


AFPC/DPPRS complete 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 5
August 2005, for review and comment within 30 days.  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, however, it is in  the  interest
of justice to excuse the failure to timely file.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of an error  or  injustice.   It  appears  that  responsible
officials applied appropriate standards in effecting  the  applicant’s
separation, and we do not  find  persuasive  evidence  that  pertinent
regulations were violated or that the applicant was not  afforded  all
the rights to which entitled at the  time  of  discharge.   The  Board
notes the reason for separation was the applicant  failed  his  Career
Development Course (CDC) test that would have allowed  him  to  obtain
his required skill level. However,  after  reviewing  the  applicant’s
records and noting his contentions, the Board believes  the  narrative
reason for his entry-level separation; i.e.,  entry-level  performance
and conduct and his current RE  code  are  somewhat  harsh.   In  this
respect, it appeared to us the word “conduct” could be misconstrued to
infer  his  separation  for  academic  deficiency  was  also  due   to
misconduct and the RE code assigned does not allow him to  pursue  his
desire to continue his military career. Accordingly, we recommend  his
records be corrected to the extent 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:

      a. At the time of his release from active  duty  on           29
January 1998, he was issued a reenlistment eligibility  (RE)  code  of
3K.


      b. Delete 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 29 January 1998.

_________________________________________________________________






The following members of the Board considered AFBCMR Docket Number BC-
2005-02211 in Executive  Session  on  15  September  2005,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Gregory A. Parker, Member
      Ms. Jan Mulligan, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Jul 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 28 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 05.




                                   THOMAS S. MARKIEWICZ
                                   Chair
AFBCMR BC-2005-02211




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 to show that:

           a. At the time of  his  release  from  active  duty  on  29
January 1998, he was issued a reenlistment eligibility  (RE)  code  of
3K.


                        b. Delete 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 29 January 1998.





      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency

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