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AF | BCMR | CY2006 | BC-2006-00599
Original file (BC-2006-00599.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2006-
00599
                                             INDEX CODE:  100.00

XXXXXXX                                 COUNSEL:  NONE

XXXXXXX                                 HEARING DESIRED: NO



MANDATORY CASE COMPLETION DATE: 28 MARCH 2007


___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code 2C be  upgraded  to  allow  him
reenlistment in the United States Army.

________________________________________________________________

APPLICANT CONTENDS THAT:

The RE code "2C" was placed for not completing technical training  and
not able to perform duties at permanent duty station.

In support of his  application,  the  applicant  provided  a  personal
letter, a copy of DD Form 214, Certificate  of  Release  or  Discharge
from Active Duty, and a letter from 338 TRS/TRM.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2  September  2003,  in
the grade of airman first class, for  a  period  of  six  years.   His
highest grade held was airman first class.

On 14 May 2004, the commander  notified  the  applicant  that  he  was
recommending he be discharged from the Air  Force  for  unsatisfactory
performance. The commander was recommending the applicant  receive  an
honorable discharge based on the  fact  he  was  eliminated  from  the
Communications,  Network,  Switching  and  Crypto  Systems  Apprentice
course due to academic deficiencies. Specifically, he failed  Block  1
test with a score of 67%. Additionally, he failed the  progress  check
in Block 9 twice, which constituted a block failure.


Applicant acknowledged receipt of the notification  of  discharge  and
after consulting with legal counsel submitted statements  in  his  own
behalf. The base legal office reviewed the case and found  it  legally
sufficient to support separation and recommended applicant receive  an
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 June 2004, applicant was honorably discharged  in  the  grade  of
airman first class, under the provisions of AFR 39-10,  Administrative
Separation of Airmen, by reason of unsatisfactory performance, and was
issued an RE code of 2C. He served         9  months  and  3  days  of
total active military service.

________________________________________________________________

AIR FORCE EVALUATION:

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:

On 24 March 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of an error or injustice warranting  corrective  action.
We found no evidence that responsible officials applied  inappropriate
standards in  effecting  the  applicant’s  discharge,  that  pertinent
regulations were violated or that the applicant was not  afforded  all
the rights to which entitled at the time of discharge.   Nevertheless,
after careful review of the evidence provided, the  Board  is  of  the
opinion that to continue to show the narrative reason  for  separation
as “unsatisfactory performance” would be unduly  harsh  and  therefore
would create an injustice to the applicant.  In view of this,  and  in
order to provide the applicant the opportunity to apply for entry into
the Army, we believe his  narrative  reason  and  RE  code  should  be
changed in the interest of equity and justice. Whether or  not  he  is
successful  will  depend  on  the  needs  of  the  service   and   our
recommendation in no way guarantees that he will be allowed to  return
to the Air Force or any branch of service; this will simply afford him
the opportunity to apply for a waiver to enlist in the armed services.

________________________________________________________________

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

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
00599 in Executive Session on 4 May 2006, under the provisions  of  AFI  36-
2603:

       Mr. Wayne R. Gracie, Panel Chair
       Mr. Alan A. Blomgren, Member
       Ms. BJ White-Olson, Member

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

    Exhibit A. DD Form 149, dated 21 Feb 06, w/atch.
    Exhibit B. Applicant's Master Personnel Records.
    Exhibit C. Letter, AFPC/DPPRS, dated 17 Mar 06.
    Exhibit D. Letter, SAF/MRBR, dated 24 Mar 06.





                                   WAYNE R. GRACIE
                                   Panel Chair



AFBCMR BC-2006-00599




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






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency


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