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AF | BCMR | CY2006 | BC-2006-01531
Original file (BC-2006-01531.doc) Auto-classification: Approved




             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

      IN THE MATTER OF:            DOCKET NUMBER:  BC-2006-01531
            INDEX CODE:  110.02
      XXXXXXX                     COUNSEL:  NONE

                                  HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 20 Nov 07
_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment  eligibility  (RE)  code  and  narrative  reason  for
separation be corrected.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He performed and behaved with his best effort.

The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 15 March 2005 for a
period of four years.  On 23 June 2005, he was academically eliminated
from the  Computer  Systems  Planning  and  Implementation  Apprentice
course. As a result, on 18 July 2005, he was notified by his commander
that he was being recommended for discharge. The  authority  for  this
action was AFPD 36-32, Air Force Military Training  and  AFI  36-3208,
Administrative Separation of Airmen, chapter 5, section  D,  paragraph
5.22.2.3, Entry-Level Performance  or  Conduct  for  failure  to  make
satisfactory progress in a required  training  program.   After  being
advised of his rights, he waived his rights to  submit  statements  in
his own behalf and  his  right  to  consult  counsel.   The  case  was
reviewed by the base legal services and found to be legally sufficient
to support discharge.  The discharge authority approved the separation
and ordered an uncharacterized, entry-level separation.

Although not cited as a basis for discharge, the following  derogatory
data was listed in his records;  a  Record  of  Individual  Counseling
(ROC) for wearing physical training  gear  in  an  unauthorized  area,
placement in remedial training for not progressing  to  an  acceptable
level and he received a ROC for failure to go.

On 26 July 2005, he was discharged under the  provisions  of  AFI  36-
3208, Administrative Separation of Airmen for entry-level  performance
or conduct for failure to make satisfactory  progress  in  a  required
training  program  and  was  issued  an  entry-level   uncharacterized
separation.  He received an RE code of  2C,  “Involuntarily  separated
with an entry-level separation without characterization of service.”

He served 4 months and 12 days on active duty.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP recommends denial.  DPPRSP states airmen are given  entry-
level   separation/uncharacterized   service   characterization   when
separation is initiated in the first 180  days  of  continuous  active
service.  The Department of  Defense  (DoD)  determined  if  a  member
served less than 180 days of 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.   The
applicant did not identify any errors or injustices that  occurred  in
the discharge process. Additionally, he provided no facts warranting a
change in his RE code or narrative reason for separation.

The HQ AFPC/DPPRS evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he was eliminated from a difficult technical  school,
Computer Systems Planning and Implementation.  He was six points  from
obtaining a passing score of 70.

He believes the RE Code is preventing his reentry  into  the  military
and from obtaining employment because it appears he was discharged for
less than Honorable conditions. (Exhibit D).

_________________________________________________________________

THE BOARD CONCLUDES THAT:

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

2.  The application was time filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of  an  error  or  injustice  to  warrant  changing  the
applicant’s discharge  characterization  or  reenlistment  eligibility
(RE) code.  We took notice of the applicant’s complete  submission  in
judging the merits of the case, however; we agree  with  the  opinions
and recommendations of 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.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling basis to recommend  granting  the  relief  sought  in  this
application.

4. Notwithstanding the above, we believe some relief is warranted.  We
note that the discharge action taken  against  the  applicant  was  in
accordance with the applicable instructions.  However, after reviewing
the applicant’s request and the evidence of the record,  we  find  the
narrative reason for his entry level  separation;  i.e.,  entry  level
performance and conduct, to be overly harsh.  In our deliberations  of
this case,  it  appeared  to  us  that  his  separation  for  academic
deficiency was also due to misconduct. However,  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.    Accordingly,   we
recommend the applicant’s record be corrected by  deleting  the  words
“and conduct” from his narrative reason for separation.
_________________________________________________________________

THE BOARD RECOMMENDS:

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 from Active Duty.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-
01531 in Executive Session on 18 Jul 2006, under the provisions of AFI
36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Ms. Karen A. Holloman, Member
                 Mr. Wallace F. Beard Jr., Member

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

    Exhibit A.  DD Form 149, dated May 11, 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPRS Letter, dated 19 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 26 May 06.






                                             KATHLEEN F. GRAHAM
                                             Panel Chair




                   AIR FORCE BOARD FOR CORRECTION
                        OF MILITARY RECORDS

               CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                  DOCKET NO:

     XXXXXXX           BC-2006-01531


ROUTE IN TURN    INITIALS  DATE


1.  CHIEF EXAMINER     ________  ________
    (Coord/Signature)

2.  EXECUTIVE DIRECTOR ________  ________
    (Coordination)

3.  Ms. Kathleen F. Graham   ________  ________
    PANEL CHAIR
    (Signature on Proceedings)

4.  Return to Examiner


5.  AFBCMR (Processing)





                 DARYL R. LAWRENCE
                 Examiner
                                       Air Force Board for Correction
                 of Military Records



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]



Office of the Assistant Secretary

AFBCMR BC-2006-01531




MEMORANADUM FOR 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, 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 26 Jul 2005.




                                                       JOE G.
LINEBERGER

Director
                                                 Air Force Review
Boards Agency





                   AIR FORCE BOARD FOR CORRECTION
                        OF MILITARY RECORDS

               CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                  DOCKET NO:

     XXXXXXX           BC-2006-01531


ROUTE IN TURN    INITIALS  DATE


1.  TECHNICAL ADVISOR  ________  ________
    (Coord/Signature)

2.  DIRECTOR     ________  ________
    (Coordination)

4.  Return to Examiner


4.  AFBCMR (Processing)





                 DARYL R. LAWRENCE
                 Examiner
                                       Air Force Board for Correction
                 of Military Records

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