RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02193
INDEX CODE: 112.10
XXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 January 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be changed to reflect a different reenlistment eligibility (RE)
code to enable him to join the Air National Guard.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was told his separation was due to academics. He was never in any kind
of trouble and his conduct never needed reprimand. He always followed the
rules and took remedial classes during his personal time to better his
grades. He was not given the opportunity to reclassify into another career
field. He has been denied entry into the Air National Guard due to his RE
code of 2C, (involuntarily separated with an honorable discharge).
In support of his application, the applicant provides a personal statement
and copies of his DD Form 214, Certificate of Release or Discharge from
Active Duty; discharge notification and order; student record of
academic/nonacademic counseling and comments; and application for review of
discharge.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 March 2006, the applicant enlisted in the Regular Air Force at the
age of 20 in the grade of airman basic (E-1) for a period of six years.
Following basic training, the applicant attended technical training to
become a Tactical Aircraft Maintenance Helper.
On 13 June 2006, the applicant was disenrolled from technical training for
academic deficiency. The Record of Administrative Training Action
indicates the grounds for disenrollment were for factors under the
applicant’s control and he should not be considered for further technical
training. His commander stated the applicant’s poor academic performance
clearly showed he would not be able to become a productive member of the
Air Force. The commander recommended the applicant be eliminated from the
F-16 crew chief course and discharged from the Air Force.
On 22 June 2006, his commander notified the applicant that he was being
recommended for discharge from the Air Force for entry-level performance
and conduct. The applicant acknowledged receipt and waived his right to
consult counsel and to submit statements in his own behalf. The Staff
Judge Advocate found the case legally sufficient on 28 June 2006 and
recommended the applicant be discharged with an entry-level separation. On
30 June 2006, the discharge authority approved the separation and directed
the applicant be separated with an uncharacterized entry-level separation
under the provisions of AFI 36-3208, paragraph 5.22.
The applicant was separated effective 5 July 2006 with an uncharacterized
discharge, a separation code of JGA (entry-level performance and conduct),
and a reentry code of 2C (involuntarily separated with an honorable
discharge). He served 3 months, and 15 days of active duty.
________________________________________________________________
AIR FORCE EVALUATION:
ARPC/DPPRS recommends the applicant’s request be denied. DPPRS states his
commander notified the applicant he was recommending his discharge from the
Air Force for entry-level performance and conduct. The basis for the
commander’s recommendation was the applicant’s failure to make satisfactory
progress in a required training program. Specifically, the applicant
failed Block 1; Unit 12, Test A, three times with scores of 66%, 58%, and
56% respectively. The minimum passing score is 70%. The applicant was
disenrolled from the technical training course on 13 June 2006. Prior to
his disenrollment, he was counseled concerning his academic failure;
received 16 hours special individualized assistance; and attended Wing
Learning Development Center Study Skills, Test Anxiety, and Reading
Comprehension courses. Efforts to improve his performance were met with
negative results.
DPPRS states based on the documentation in the master personnel records,
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation and was within the sound
discretion of the discharge authority. The applicant did not provide any
evidence or identify any errors or injustices that occurred in the
discharge process.
The DPPRS 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 8
September 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 probable error or injustice. After a thorough review of the
applicant’s submission and the evidence of record we are persuaded that
some relief is warranted. We note the discharge action taken against the
applicant and the characterization of service he was given were in
accordance with the applicable instruction. However, 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 the word “conduct” could be misconstrued to infer that
his separation for academic deficiency was also due to misconduct. 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 by deleting the words “and conduct”
from his narrative reason for separation. Insufficient relevant evidence
has been presented to demonstrate the existence of probable error or
injustice in regard to the applicant’s RE code. We find the RE code which
was issued at the time of the applicant’s separation accurately reflects
the circumstances of his separation and we do not find this code to be in
error or unjust. Therefore, we conclude that no basis exists upon which to
recommend favorable action on his request that it be changed. In view of
the foregoing, we recommend the applicant’s records be corrected as
indicated below.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that the words “and conduct” be deleted
from Block 28 (Narrative Reason for Separation) on his DD Form 214,
Certificate of Release or Discharge from Active Duty.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 31 October 2006, under the provisions of AFI 36-2603:
Ms. Martha J. Evans, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Jan Mulligan, Member
All members voted to correct the records, as recommended. The following
documentary evidence for AFBCMR Docket Number BC-2006-02193 was considered:
Exhibit A. DD Form 149, dated 14 Jul 06, with atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 28 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 8 Sep 06.
MARTHA J. EVANS
Panel Chair
AFBCMR BC-2006-02193
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 XXXXXXXXXXXXXXXXXXXXXX, be corrected to show that the words
“and conduct” be deleted from Block 28 (Narrative Reason for Separation)
on his DD Form 214, Certificate of Release or Discharge from Active Duty.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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