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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