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AF | BCMR | CY2006 | BC-2005-03305
Original file (BC-2005-03305.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03305
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 APR 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

By amendment the applicant requests his narrative reason for  separation  be
changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was separated for test failure during technical training.   He  indicates
misconduct did not play a role in his separation.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 10 August 2004 in  the  grade
of airman basic for a period of six years.

On 16 November 2004, the applicant was notified of  his  commander's  intent
to initiate discharge action against  him  for  entry-level  performance  or
conduct for failure to make satisfactory progress  in  a  required  training
program.  Specifically, on 5 November  2004,  he  was  eliminated  from  the
Electronic Principles portion of the Avionics Systems Apprentice course  for
academic deficiency.  He failed the  Block  II  test  with  a  score  of  60
percent.  In addition, he scored the minimum passing score of 70 percent  on
the Block I test.

The commander advised the applicant of his right to  consult  legal  counsel
and to submit statements in his own behalf; or waive the above rights  after
consulting with counsel.

The applicant waived his  right  to  consult  with  counsel  and  to  submit
statements in his own behalf.

On 18 November 2004, the convening authority approved the applicant’s Entry-
Level Separation.

On 23 November 2004, the applicant was discharged in  the  grade  of  airman
basic, with an Entry-Level Separation, under the provisions of  AFI  36-3208
(Entry-Level  Performance  and  Conduct)  and  given  an  RE  code   of   2C
(Involuntarily  separated  with  an  honorable  discharge,  or   entry-level
separation without characterization of service).  He completed 3 months  and
14 days of total active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial indicating that based on the documentation  on
file in the master personnel records, the discharge was consistent with  the
procedural and substantive requirements of the discharge regulation and  was
within the discretion of the discharge authority.  The  applicant  also  did
not submit any evidence or identify any errors or injustices  that  occurred
in the discharge processing.  Nor did he  provide  any  facts  warranting  a
change to his RE code or narrative reason for separation.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicates he desires to enlist  in
the United States Army.   He  was  separated  from  the  Air  Force  due  to
academic deficiency not misconduct.

The applicant’s response is at Exhibit E

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.


2.    The application was timely filed.





3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence  of  an  error  or  an  injustice  warranting  a  change  to   the
applicant’s RE code.  After reviewing the evidence  of  record,  it  is  our
opinion that given the circumstances surrounding  his  separation  from  the
Air Force, the RE code assigned  was  proper  and  in  compliance  with  the
appropriate directives.  The applicant has not provided sufficient  evidence
which would lead us to believe otherwise.  Therefore, we agree with the  Air
Force office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the victim  of  an  error
or injustice.  In the absence of  evidence  to  the  contrary,  we  find  no
compelling basis to recommend granting the relief sought.

4.    Notwithstanding the  above,  sufficient  relevant  evidence  has  been
presented  to  demonstrate  the  existence  of  an  error  or  an  injustice
warranting a change in the  applicant’s  narrative  reason  for  separation.
After reviewing the evidence of record, we  are  persuaded  that  relief  is
warranted.  We note the discharge action taken against the applicant was  in
accordance with the applicable instruction.  However,  after  reviewing  the
applicant’s request and the  evidence  of  record,  we  find  the  narrative
reason for his entry-level separation,  i.e.,  entry-level  performance  and
conduct, to be inaccurate.  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.   In  view  of  the  foregoing,  we
recommend the applicant’s records be corrected by deleting  the  words  “and
conduct” from his narrative reason for separation.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected by deleting the words “and  conduct”  from  Block
28 (Narrative Reason for Separation) on his  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty, issued on 23 November 2004.

_________________________________________________________________








The following members of the Board considered AFBCMR Docket Number  BC-2005-
03305 in Executive Session on 4 January 2006, under the  provisions  of  AFI
36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Ms. Josephine L. Davis, Member

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

   Exhibit A.  DD Form 149, dated 24 October 2005.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 31 October 2005.
   Exhibit D.  Letter, SAF/MRBR, dated 4 November 2005.
   Exhibit E.  Letter, Applicant, dated 10 November 2005.





                       JAMES W. RUSSELL III
                       Panel Chair




AFBCMR BC-2005-03305





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     , be corrected by deleting the words “and conduct” from
Block 28 (Narrative Reason for Separation) on his DD Form 214, Certificate
of Release or Discharge from Active Duty, issued on 23 November 2004.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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