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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