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AF | BCMR | CY2006 | BC-2005-02379
Original file (BC-2005-02379.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02379
            INDEX CODE:  110.02

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: YES


MANDATORY CASE COMPLETION DATE:  1 Feb 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code 2C (Involuntarily  separated
with an honorable discharge;  or  entry  level  separation  without
characterization of service) be changed to a more favorable code to
facilitate reenlistment.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code of 2C characterizes him as  unreliable,  dishonest,  as
well as  untrustworthy.   It  prohibits  him  from  fulfilling  his
patriotic duty and is a misrepresentation of  his  character.   The
conduct he displayed during his enlistment is not representative of
who he has become.  He has obtained his Bachelor of Arts degree  in
Communications and has taught as an English as  a  Second  Language
(ESL) teacher for two years in an overseas location.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  15  Oct  97  for  a
period of four years in the grade of airman basic.

On 21 Jan 98, applicant received a Letter of  Reprimand  (LOR)  for
repeatedly failing to meet Air Force standards.

On 12 Feb 98, he failed to comply with  AFI  36-2903,  (failure  to
shave).  For this misconduct he received a Letter of Reprimand.

On  2  Mar   98,   the   squadron   section   commander   initiated
administrative discharge action against the  applicant  for  entry-
level performance and conduct.  The reasons for the proposed action
were that applicant failed  to  make  satisfactory  progress  in  a
required technical training program.  He was  eliminated  from  the
Aerospace Propulsion Apprentice, Jet Engine (Convl) training course
for unsatisfactory performance after failing Block  II  performance
checks 201c, 204e, 204f, and 205a through c.  After four  weeks  of
training in Block II, he was unable to complete the  block.   Prior
to  disenrollment,   applicant   was   counseled   concerning   his
performance and received individualized assistance, and was  washed
back twice for additional  instruction.   Efforts  to  improve  his
performance were unsuccessful.

On 5 Mar 98, after consulting  with  counsel,  applicant  submitted
statements in  his  own  behalf.   On  12  Mar  98,  the  discharge
authority directed applicant  be  discharged  with  an  entry-level
separation.

On 16 Mar 98, applicant  received  an  uncharacterized  entry-level
separation, by reason of “Entry Level Performance and Conduct,” and
was issued an RE code of 2C.  He was credited  with  5  months  and
2 days of active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommended denial of the applicant’s request.   They
found the discharge consistent with the procedural and  substantive
requirements of the discharge regulation.  Additionally,  that  the
discharge  was  within  the  sound  discretion  of  the   discharge
authority.  The applicant did not submit any evidence  or  identify
any errors or injustices that occurred in the discharge  processing
and he provided no other facts warranting a change to his RE  code.


They   also   noted   that    airmen    are    given    entry-level
separation/uncharacterized service characterization when separation
is initiated in the first 180 days of  continuous  active  service.
The Department of Defense (DOD) determined if a member served  less
than 180 days continuous service, it would be unfair to the  member
and the service to characterize their limited service.

A complete copy of the 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 4 Nov 05 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 error or injustice. The  applicant’s  assigned  RE
code of 2C accurately reflects the circumstances at the time of his
separation.  Specifically, that he was involuntarily separated with
an entry-level separation without characterization of service.  The
applicant failed  to  make  satisfactory  progress  in  a  required
technical training program and to  meet  Air  Force  standards  IAW
AFI 36-2903.   We  do  not  condone   the   applicant’s   behavior.
Nevertheless, given his age and inexperience as a military  member,
we believe that he should be afforded another opportunity to serve.
 The Board noted the applicant’s accomplishments since leaving  the
service and that it appears he has become a  productive  member  of
his community.  Therefore, as a matter of  clemency,  we  recommend
that the applicant’s RE Code be changed to “3K.”  This  is  a  code
that can be waived for prior service consideration, provided he  is
otherwise qualified for enlistment under an existing prior  service
program.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the  Air  Force
relating to APPLICANT, be corrected to show that  the  Reenlistment
Eligibility (RE) code, issued in conjunction with  his  entry-level
separation on 16 March 1998, was “3K.”

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-02379 in Executive Session on 24 January  2006,  under  the
provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Mr. Vance E. Lineberger, Member
      Mr. Jay H. Jordan, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 22 Oct 05, w/atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPRS, dated 31 Oct 05.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Nov 05.




                                   MARILYN M. THOMAS
                                   Vice Chair



AFBCMR BC-2005-02379




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 the
Reenlistment Eligibility (RE) code, issued in conjunction with his
entry-level separation on 16 March 1998, was “3K.”





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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