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AF | BCMR | CY2006 | BC-2005-02337
Original file (BC-2005-02337.DOC) Auto-classification: Approved

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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