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AF | BCMR | CY2006 | BC-2006-00153
Original file (BC-2006-00153.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00153
            INDEX CODE:  100.03, 100.06
      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code  “2C”  be  changed  so  that  he  may
reenlist in the Air National Guard (ANG).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The only error on the DD Form 214 is the reenlistment code.

In support of his application, applicant provided a  copy  of  his  DD  Form
214, Certificate of Release or Discharge from Active Duty, and DD Form  293,
Application for the Review of Discharge or Dismissal from the  Armed  Forces
of the United States.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  16  December  2003,  in  the
grade of airman basic, for a period of four years.

On 26  April  2004,  the  commander  notified  the  applicant  that  he  was
recommending  he  be  discharged  from  the  Air   Force   for   entry-level
performance and  conduct.  Specially,  applicant  was  eliminated  from  his
technical training course for academic deficiencies. He failed the Block  II
test with a score of 65%, and the Block III test with a score of 63%.

      (1) Applicant acknowledged receipt of the  notification  of  discharge
and waived his rights to consult with legal counsel  and  submit  statements
in his own behalf.

      (2) The base legal office reviewed  the  case  and  found  it  legally
sufficient to support separation  and  recommended  applicant  be  separated
from the service with an entry-level separation.

      (3) The discharge authority approved the separation and  directed  the
applicant be separated with an uncharacterized entry-level separation.

The applicant was separated from the Air Force on  18  May  2004  under  the
provisions of AFI 36-3208, Administrative Separation of Airmen  (entry-level
performance and conduct), with an  uncharacterized  entry-level  separation.
He had served on active for a period of 5 months and 3 days.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial and stated 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.   The
discharge was within the discretion of the discharge authority.   Applicant
did not submit any evidence or  identify  any  errors  or  injustices  that
occurred in the discharge processing.  He provided no  facts  warranting  a
change to his character of service or his reenlistment eligibility code.

Airmen   are   given   entry-level    separation/uncharacterized    service
characterization when  separation  is  initiated  in  the  first  180  days
continuous active service.  The Department of Defense (DoD) determined if a
member served less than 180 days continuous active  service,  it  would  be
unfair to the member and the service to characterize their limited service.
 Therefore, his uncharacterized character of  service  is  correct  and  in
accordance with DoD and Air Force instructions.

AFPC/DPPRS’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 February 2006, a copy of the Air Force  evaluation  was  forwarded  to
the applicant for review and comment within 30 days.  To date, a  reply  has
not been received by this office.

_________________________________________________________________

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

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable material error or injustice; that the  application
was denied without a personal appearance;  and  that  the  application  will
only be reconsidered  upon  the  submission  of  newly  discovered  relevant
evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  Docket  Number     BC-2006-
00153 in Executive Session on 18 April 2006, under the provisions of AFI 36-
2603:

      Mr. John B. Hennessey, Vice Chair
      Ms. LeLoy W.Cottrell, Member
      Ms. Cathlynn B. Sparks, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Jan 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 30 Jan 06.
    Exhibit D.  Letter, SAF/MIBR, dated 21 Nov 01.




                                             JOHN B. HENNESSEY
                                             Panel Chair

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