RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02801
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 13 March 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized character of service be changed to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not perform any dishonorable service while in the military.
His failure to meet a requirement for the specific occupation he was
trained for caused his separation and resulted in an uncharacterized
separation which might hinder his future career opportunity.
In support of the appeal, applicant submits two copies of his DD Form
214. Applicant's complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 27 June 2001.
On 12 October 2001, the applicant was notified by the commander that
he was recommending him for discharge from the Air Force for Entry
Level Performance or Conduct. The reason for this action was his
failure to make satisfactory progress in a required training program.
The applicant was eliminated from the Security Forces technical
training course for academic deficiency after failing the second
written test three times with scores of 68%, 68%, and 56%, minimum
passing is 70%. Prior to applicant’s disenrollment, he was counseled
concerning his academic failure and received eight hours of Special
Individualized Assistance. Applicant’s efforts to improve his
performance have met with negative results. As a result, he was
disenrolled from the Security Forces technical training course on 3
October 2001. Applicant acknowledged receipt of the notification of
discharge and waived his rights to consult with legal counsel and
submit statements in his own behalf. The base legal office found the
case legally sufficient to support the separation with an entry-level
separation. The discharge authority approved the separation and
directed that the applicant be separated with an uncharacterized entry-
level separation.
The applicant was separated from the Air Force on 25 October 2001
under the provisions of AFI 36-3208, Administrative Separation of
Airmen (entry-level performance and conduct), with an uncharacterized
entry-level separation. He had served 3 months and 28 days on active
duty.
_________________________________________________________________
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. The
discharge was within the discretion of the discharge authority.
Therefore, they recommend denial of applicant’s request.
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.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 14 October 2005, a copy of the Air Force evaluation was forwarded
to the applicant for review and response within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was not 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 injustice warranting a change in the reason for
separation. After reviewing the applicant’s submission and the
evidence of record, we are 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, we find 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, we have seen
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, we
recommend the applicant’s records be corrected by deleting the words
“and conduct” from his narrative reason for separation.
Notwithstanding the above findings, the applicant’s request for an
honorable discharge was considered; however, based on the regulatory
criteria regarding members whose separation action was initiated
within 180 days of entry and in the absence of evidence by the
applicant showing his separation with an uncharacterized entry level
separation was erroneous or unjust, that portion of the application is
not favorably considered.
________________________________________________________________
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 25
October 2001.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 6 December 2005, under the provisions of AFI 36-
2603:
Mr. Michael V. Barbino, Panel Chair
Ms. Janel I. Hassan, Member
Ms. LeLoy W. Cottrell, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to AFBCMR Docket Number BC-
2005-02801 was considered:
Exhibit A. DD Form 149, dated 3 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 11 Oct 05.
Exhibit D. Letter, SAF/MRBR, dated 14 Oct 05.
MICHAEL V. BARBINO
Panel Chair
AFBCMR BC-2005-02801
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 25 October 2001.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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