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AF | BCMR | CY2006 | BC-2006-00468
Original file (BC-2006-00468.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2006-
000468
                                             INDEX CODE:  100.00

XXXXXXX                      COUNSEL:  NONE

XXXXXXX                           HEARING DESIRED: NO



MANDATORY CASE COMPLETION DATE:  19 AUGUST 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code “2C” be upgraded to “1”.

________________________________________________________________

APPLICANT CONTENDS THAT:

He is asking for a change because he feels he has more reason  now  to
stay focused.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 23 July  2002,  in  the
grade of airman first class, for a period of six years.   His  highest
grade held was airman first class.

On 2 November 2004, the commander notified the applicant that  he  was
recommending he be discharged from the Air  Force  for  unsatisfactory
performance - failure to progress in on-the-job-training  (OJT).   The
commander  was  recommending  the  applicant  receive   an   honorable
discharge based on the following:

      (1) On 17  March  2004,  the  applicant  received  a  Record  of
Individual Counseling for failure to report  for  his  End  of  Course
(EOC) review, as it was his duty to do so.

      (2) On 5 May 2004, the applicant received a Letter of  Reprimand
for reporting to duty in a uniform that was too  small,  unserviceable
and worn, failure to obey a lawful order.

      (3) On 13 April 2004, the applicant was counseled for  reporting
late for duty.

      (4) On 10 August  2004,  the  applicant  received  a  Letter  of
Individual Counseling for failure to report for mandatory squadron PT.

      (5) On 13 August  2004,  the  applicant  received  a  Letter  of
Reprimand for reporting late for duty.

      (6) On 20 August  2004,  the  applicant  received  a  Letter  of
Reprimand for failure to obey a lawful general regulation in  that  he
sponsored two females on to base  and  left  them  unattended  in  the
dormitory.

      (7) On 26 August  2004,  the  applicant  received  a  Letter  of
Reprimand for reporting late for duty.

Applicant acknowledges receipt of the notification  of  discharge  and
after consulting  with  legal  counsel  waived  his  right  to  submit
statements in his own behalf. The base legal office reviewed the  case
and found it legally sufficient to support separation and  recommended
applicant receives an under honorable discharge without probation  and
rehabilitation.  The discharge authority approved the  separation  and
directed the applicant  be  discharged  with  an  honorable  discharge
without probation and rehabilitation.

On 4 November 2004, applicant was honorably discharged in the grade of
airman  first  class,   under   the   provisions   of   AFI   36-3208,
Administrative Separation  of  Airmen,  by  reason  of  unsatisfactory
performance, and was issued an RE code of 2C. He  served  2  years,  3
months, and 16 days of total active military service.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied and states 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 reenlistment eligibility code.

AFPC/DPPRS complete evaluation is at Exhibit C.

________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and has  provided  medical
information that indicates he was being treated for a sleep disorder.

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.  Sufficient relevant evidence has been provided to demonstrate  the
existence of injustice that would warrant a change in the  reason  for
separation and RE code.  We note  that  the  separation  action  taken
against  the  applicant  was  in  accordance   with   the   applicable
instruction.  However, after reviewing the evidence of record and  the
Air Force assessment  of  this  case,  it  is  our  opinion  that  the
narrative reason and RE code  improperly  label  the  reason  for  his
discharge.  In this respect, it  appears  to  us  that  the  applicant
suffered from a sleep disorder which resulted  in  an  “unsatisfactory
performance” in  his  on-the-job  training.  Therefore,  in  order  to
correct  an  injustice  of  improperly  labeling  the  applicant,   we
recommend the applicant's records be corrected to the extent 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 on        4  November
2004, he was separated under the provisions of AFI 36-3208,  paragraph
1.2 (Secretarial Authority) with  a  separation  code  of  JFF  and  a
reenlistment eligibility (RE) code of 3K.

______________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 6 April 2006, under the  provisions  of  AFI  36-
2603:

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

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

    Exhibit A. DD Form 149, dated 7 Feb 06, w/atch.
    Exhibit B. Applicant's Master Personnel Records.
    Exhibit C. Letter, AFPC/DPPRS, dated 16 Feb 06.
    Exhibit D. Letter, SAF/MRBR, dated 24 Feb 06.
    Exhibit E. Applicant Response, undated.




                                   JAMES W. RUSSELL III
                                   Panel Chair


AFBCMR BC-2006-00468




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 on 4
November 2004, he was separated under the provisions of AFI 36-3208,
paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a
reenlistment eligibility code of 3K.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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