RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02337
INDEX CODE: 112.10
XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized character of service be changed to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not have any conduct problems while in the Air force, therefore, it
is unjust that his narrative reason for separation is listed as “Entry
Level Performance and Conduct.” His problem leading to his separation was
due to medical reasons, not discipline.
In support of her application, the applicant provides copies of his DD Form
214, Certificate of Release or Discharge from Active Duty; Department of
Veterans Affairs (DVA) rating decision; and a chronological record of
medical care. The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 March 2002, the applicant enlisted in the Regular Air Force at the
age of 24 in the grade of airman basic (E-1) for a period of four years.
On 28 May 2002, following his successful completion of basic military
training, the applicant was enrolled in the Security Forces (SF) Apprentice
Course.
On 20 August 2002, the applicant was disenrolled from the SF Apprentice
Course for consistently failing to meet academic standards. Prior to his
disenrollment, the applicant had been counseled for his academic failures
and received remedial training.
On 28 August 2002, the applicant was notified by his commander of the
intent to recommend him for discharge for failure to make satisfactory
progress in a required training program. The applicant was advised of his
rights to consult counsel and to submit a statement in his own behalf. The
applicant waived his rights to consult counsel and to submit a statement in
his own behalf. On 28 August 2002, the commander recommended the applicant
be discharged for entry-level performance or conduct under the provisions
of AFPD 36-32 and AFI 36-3208, paragraph 5.22.2. In a legal review of the
discharge case file, dated 29 August 2002, the Attorney Advisor found the
file legally sufficient and recommended the applicant be separated from the
service with an entry-level separation. Subsequently, the discharge
authority directed the applicant be discharged under the provisions of AFPD
36-32 and AFI 36-3208, paragraph 5.22.2, with an entry-level separation.
On 13 September 2002, the applicant was discharged with an uncharacterized
Entry-Level Separation because of entry-level performance with an RE code
of 2C and a separation code of JGA. He had served 5 months and 18 days on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states the applicant’s discharge was
consistent with the procedural and substantive requirements of the
discharge regulation in affect at that time. Additionally, the discharge
was within the discretion of the discharge authority. The applicant did
not provide any facts warranting a change in her reenlistment eligibility
code, nor did he submit any new evidence or identify any errors or
injustices that occurred in her discharge processing. The DPPRS 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 12
August 2005, for review and comment within 30 days (Exhibit D). 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.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After a thorough review of the
applicant’s submission and the evidence of record we are persuaded that
some relief is warranted. We note the discharge action taken against the
applicant and the characterization of service he was given were in
accordance with the applicable instruction. However, 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 by deleting the words “and conduct”
from his narrative reason for separation. In view of the foregoing, we
recommend the applicant’s records be corrected as 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 the words “and conduct” be deleted
from Block 28 (Narrative Reason for Separation) on his DD Form 214,
Certificate of Release or Discharge from Active Duty.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 31 January 2006, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Charlie E. Williams Jr., Member
Mr. Vance E. Lineberger, Member
All members voted to correct the records, as recommended. The following
documentary evidence for AFBCMR Docket Number BC-2005-02337 was considered:
Exhibit A. DD Form 149, dated 21 Jul 05, with atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 9 Aug 05.
Exhibit D. Letter, SAF/MRBR, dated 12 Aug 05.
CHARLENE M. BRADLEY
Panel Chair
AFBCMR BC-2005-02337
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 XXXXXXXXXXXXXXXXXXX, be corrected to show that the words “and
conduct” be deleted from Block 28 (Narrative Reason for Separation) on his
DD Form 214, Certificate of Release or Discharge from Active Duty.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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