RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00679
                                       INDEX CODE:  112.10
      XXXXXXX                                COUNSEL: NONE

      XXXXXXX                           HEARING DESIRED: NOT INDICATED


MANDATORY CASE COMPLETION DATE:  5 SEPTEMBER 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

His  narrative  reason  of  "defective  enlistment  agreement",   separation
program designator (SPD) code of "KDS"  and  reenlistment  eligibility  (RE)
code of "2B" be changed to permit him to reenter the military.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He  was  separated  due  to  medical  reasons  and  the  Air  Force  shaping
guidelines. He spent too many days out of training waiting to heal from  his
knee injury. He was  not  allowed  to  reclassify  into  another  Air  Force
Specialty Code (AFSC), however, he was  separated  due  to  a  reduction  in
force.

In support of his application, the applicant provides a personal  statement,
AETC Form 125A, Record of  Administrative  Training  Action,  DD  Form  214,
Certificate of Release or Discharge from Active Duty, and medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 18 February 2003, the applicant enlisted in the Regular Air Force in  the
grade of airman first class (E-3) for a period of four years. He  signed  AF
Form 3009, Change to Enlistment Agreement -  United  States  Air  Force,  to
enter the Air Force Specialty (AFS) 1C231, Combat Control Apprentice.

Applicant was eliminated from  the  Combat  Control  Apprentice  Course  for
medical reasons.  He  sustained  a  knee  injury  and  was  placed  into  an
ineffective status pending recovery. Initial medical prognosis was  for  60-
90 days recovery time with an expected return of full duty  status.  In  May
2004, a follow-up evaluation revealed ligament damage requiring  a  surgical
procedure. The surgery was done on 30 July 2004 with a 90-120  day  recovery
time. The Medical  authorities  extended  his  DNIF/profile  period  through
February 2005 after a post  surgical  and  physical  therapy  evaluation  in
November 2004. Based on the applicant's lengthy recovery  time  he  was  not
eligible to be reclassified until he was fully  returned  to  duty  and  the
commander recommended separation.

Applicant  voluntarily  submitted  a  request  for  separation   under   the
provisions of AFI 36-3208,  paragraph  3.11  (Air  Force  Nonfulfillment  of
Enlistment  or  Reenlistment  Agreement),  with  an  effective  date  of  10
December 2004. This is documented by an    AF Form 31, Airman's Request  for
Early Separations/Separation Based on Change in Service Obligation, dated  2
December 2004.

On 10 December 2004, the applicant was separated  under  the  provisions  of
AFI 36-3208,  Administrative  Separation  of  Airmen  (defective  enlistment
agreement), with an honorable discharge, a SPD code of "KDS", an RE code  of
"2B"  and  a  narrative  reason  for  separation  of  "Defective  Enlistment
Agreement."

On 7 March 2006, AFPC/DPPRSP corrected the applicant's RE code to read  "3A"
(first-term airman who separates before completing 36 months (60 months  for
a 6-year enlistee) on current enlistment and who has no known  disqualifying
factors  or  ineligibility  conditions  except  grade,   skill   level   and
insufficient total active federal military service (TAFMS).

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial and states that the applicant’s  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge regulation.  The  discharge  was  within  the  discretion  of  the
discharge authority.  Corrective  action  has  been  taken  to  correct  the
applicant's reentry code, however, his Separation Program  Designator  (SPD)
"KDS" is correct.

AFPC/DPPRS complete 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  17
March 2006 for review and response 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 timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or injustice.  It appears that  responsible  officials
applied appropriate standards in effecting the applicant’s  separation,  and
we do not find persuasive evidence that pertinent regulations were  violated
or that the applicant was not afforded all the rights to which  entitled  at
the time of discharge.  However, after reviewing the evidence of  record  of
this case, it is  our  opinion  that  the  narrative  reason  and  SPD  code
inaccurately label the reason for his discharge.  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 SPD 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             10 December 2004,  he
was  separated  under  the  provisions  of  AFI   36-3208,   paragraph   1.2
(Secretarial Authority) with a separation code of KFF.

______________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
00679 in Executive Session on 4 May 8, 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 9 Mar 06.
    Exhibit D. Letter, SAF/MRBR, dated 17 Mar 06.





                                   WAYNE R. GRACIE
                                   Panel Chair
AFBCMR BC-2006-00679




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 10
December 2004, he was separated under the provisions of AFI 36-3208,
paragraph 1.2 (Secretarial Authority) with a separation code of KFF.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency