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AF | BCMR | CY2006 | BC-2005-03063
Original file (BC-2005-03063.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03063
            INDEX CODE:  100.03, 100.06
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 9 Apr 07

________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to a waiverable code.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged because of a language barrier.  Since  his  discharge,  he
has attended college and obtained a diploma  in  Medical  Billing.   He  has
taken English classes and even went to Massachusetts to perfect his  English
skills with friends.

In support of his request, applicant provided a copy of his DD Form  214,  a
transcript,  and  a  credit  certificate.   His  complete  submission,  with
attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 Apr 04.  On 22 Apr 04,  he
was notified by his commander he was recommending he be discharged from  the
Air Force for entry-level  performance  and  conduct.   The  basis  for  the
commander’s  recommendation  was  his  failure  to  adapt  to  the  military
environment, failure to make satisfactory progress in  a  required  training
program,  reluctance  to  make  the  effort  necessary  to  meet  Air  Force
standards, and a lack of self-discipline.   Applicant  acknowledged  receipt
of the notification and elected to waive his right  to  consult  counsel  or
submit a statement on his own behalf.  The discharge authority approved  the
recommendation and directed he be discharged with an uncharacterized  entry-
level separation.  He was discharged on 26 Apr 04.  He  served  14  days  on
active duty.  He was  assigned  RE  code  2C  which  denotes  “Involuntarily
separated with an honorable discharge; or  entry  level  separation  without
characterization of service.”

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPS recommends denial.  DPPPRS states the  discharge  was  consistent
with  the  procedural  and  substantive  requirements   of   the   discharge
regulation and was within the discretion of  the  discharge  authority.   He
did not submit any evidence or identify any  errors  or  injustices  in  his
discharge processing.  He provided no facts warranting a change  to  his  RE
code.

The DPPPRS 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, 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 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 an injustice.  The applicant received an uncharacterized entry-
level separation for his failure to make  satisfactory  progress,  adapt  to
the military environment and what  was  perceived  to  be  a  lack  of  self
discipline.  He believes the  reasons  for  his  commander's  recommendation
were rooted in  communication  difficulties  he  encountered  as  result  of
language barriers.  Subsequent to his separation, the applicant  appears  to
have put forth considerable effort to alleviate his  language  deficiencies.
Therefore,  the  Board  believes  the  applicant  should  be   provided   an
opportunity to show he is able to provide meaningful and  effective  service
to our country and recommends his RE code be changed to a code  which  would
allow him to request a waiver for reenlistment.  Accordingly,  we  recommend
his records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that at the time of his separation  on  26
April 2004, his reenlistment eligibility (RE) code was "3K."

_________________________________________________________________
The following members of the Board considered  Docket  Number  BC-2005-03063
in Executive Session on 13 Dec 05, under the provisions of AFI 36-2603:

      Ms. BJ White-Olson, Panel Chair
      Mr. James A. Wolffe, Member
      Ms. Glenda H. Scheiner, Member

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

    Exhibit A.  DD Form 149, dated, 2 Oct 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 26 Oct 05.
    Exhibit D.  Letter, SAF/MRBR, dated 4 Nov 05.




                                             BJ WHITE-OLSON
                                             Panel Chair


AFBCMR BC-2005-03063




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 to show that at the time of his
separation on 26 April 2004, his reenlistment eligibility (RE) code was
"3K."







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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