Search Decisions

Decision Text

AF | BCMR | CY2007 | BC-2006-03432
Original file (BC-2006-03432.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-03432
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 MAY 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her uncharacterized  entry-level  separation  be  changed  to  an  honorable
discharge and the narrative reason for her separation be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During basic training she was informed that she was to be discharged due  to
her inability to fulfill the physical requirements  of  the  basic  training
standards.  She states that she fulfilled the majority of  the  requirements
and under no circumstances was her conduct unbecoming and her  character  of
service uncharacterized.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 10 January 1996 in the  grade
of airman basic.  On  29  February  1996,  applicant  was  notified  by  her
commander of his intent to recommend that she be  discharged  from  the  Air
Force under the provisions  of  AFPD  36-32  and  AFI  36-3208,  Chapter  5,
Section D,  Paragraph  5.22  –  unsatisfactory  entry-level  performance  or
conduct.  The specific reasons for this action were her failure to adapt  to
the military  environment,  failure  to  make  satisfactory  progress  in  a
required training program, reluctance to make the effort necessary  to  meet
Air Force standards of conduct and  duty  performance,  and  lack  of  self-
discipline.  She was advised of her rights in this matter  and  acknowledged
receipt of the notification on that same date.   The  applicant  waived  her
right to consult counsel and elected not to submit  statements  on  her  own
behalf.  In a legal review of the  case  file,  the  assistant  staff  judge
advocate found the case legally  sufficient  and  recommended  that  she  be
separated.  On 1 March 1996, the  discharge  authority  concurred  with  the
recommendations and directed that she  be  discharged  with  an  entry-level
separation.  Applicant was discharged on 5 March 1996.  She served  1  month
and 26 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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.   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.  She provided no  facts  warranting  a
change to her uncharacterized entry-level separation.

Airman   are   given    entry-level    separation/uncharacterized    service
characterization  when  separation  is  initiated  in  the  first  180  days
continuous active service.  The Department of Defense (DoD) determined if  a
member served less than 180 days continuous  active  service,  it  would  be
unfair to the member and the service to characterize their limited  service.
 Therefore, her uncharacterized character  of  service  is  correct  and  in
accordance with DoD and Air Force instructions.

The DPPRS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 1 December 2006, the  evaluation  was  forwarded  to  the  applicant  for
review and comment within 30 days  (Exhibit  D).   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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error or injustice  that  would  warrant  a  change  to  her
uncharacterized separation.  We are compelled to note  that  uncharacterized
separation is not an unfavorable reflection upon  the  applicant's  military
service nor should it be confused with other types of  separation.   Rather,
as was noted by the Air Force office of primary  responsibility,  an  entry-
level separation with uncharacterized service is used in those  cases  where
the member has  not  yet  completed  six  months  of  service  at  the  time
separation proceedings were, for  whatever  reason,  initiated.   Hence,  an
uncharacterized separation merely connotes the brevity  of  an  individual's
membership in the service and may not, in and of  itself,  be  viewed  as  a
defamation of character.   In  instances  where  a  former  member  has  not
completed six months of service, characterization of his or her  service  as
honorable is normally appropriate when extenuating factors exist.   However,
after a thorough review of the applicant's submission and  the  evidence  of
record, we see no evidence of any extenuating circumstances  in  this  case.
Therefore, favorable consideration of her request is not warranted.

4.  Notwithstanding  the  above,  sufficient  relevant  evidence  has   been
presented  to  demonstrate  the  existence  of  an  error  or  an  injustice
warranting partial  correction  to  the  narrative  reason  for  separation.
After reviewing the applicant’s submission and the evidence  of  record,  we
believe the narrative reason for her entry-level  separation;  i.e.,  entry-
level performance and conduct, to be unjust.  It  appears  to  us  that  the
word “conduct” could be  misconstrued  to  infer  that  her  separation  for
failure to make satisfactory progress was also  due  to  misconduct.   While
the applicant may have had problems progressing  in  the  required  training
program, we have seen no evidence of misconduct.   Therefore,  in  order  to
correct an injustice of improperly labeling  the  applicant,  her  narrative
reason  for  separation  should  be  corrected  to  accurately  reflect  the
circumstances of her separation.  Accordingly, we recommend the  applicant’s
records be corrected by deleting the words “and conduct” from her  narrative
reason for separation.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

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 her  DD  Form  214,  Certificate  of
Release or Discharge from Active Duty.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 10 January 2007, under the provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Mr. Reginald P. Howard, Member





All members voted to correct the records,  as  recommended.   The  following
documentary evidence pertaining to AFBCMR Docket  Number  BC-2006-03432  was
considered:

   Exhibit A.  DD Form 149, dated 2 Nov 06.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 16 Nov 06.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Dec 06.





                       JAMES W. RUSSELL III
                       Panel Chair





AFBCMR BC-2006-03432





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   , be corrected by deleting the words “and conduct” from Block
28 (Narrative Reason for Separation) on her DD Form 214, Certificate of
Release or Discharge from Active Duty.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

Similar Decisions

  • AF | BCMR | CY2007 | BC-2007-00876

    Original file (BC-2007-00876.doc) Auto-classification: Approved

    The DPPRS complete evaluation is at Exhibit C. ____________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 20 April 2007, for review and comment within 30 days. ____________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected by deleting the words...

  • AF | BCMR | CY2007 | BC-2007-00527

    Original file (BC-2007-00527.doc) Auto-classification: Approved

    However, after reviewing the applicant’s request and the evidence of record, we find the narrative reason for her entry-level separation; i.e., entry-level performance and conduct, to be overly harsh. _________________________________________________________________ THE BOARD RECOMMENDS THAT: 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 her DD Form...

  • AF | BCMR | CY2007 | BC-2006-03909

    Original file (BC-2006-03909.DOC) Auto-classification: Approved

    On 23 Mar 06, applicant received an uncharacterized entry-level separation, by reason of entry level performance and conduct, and was issued an RE code of 2C (Entry-level separation without characterization of service). EXAMINER’S NOTE: In similar cases where the applicant received an entry- level separation for academic failure, the Board has recommended the words “and conduct” be removed from the narrative reason for separation. ...

  • AF | BCMR | CY2007 | Bc-2006-03903

    Original file (Bc-2006-03903.DOC) Auto-classification: Approved

    On 23 Mar 06, applicant received an uncharacterized entry-level separation, by reason of entry level performance and conduct, and was issued an RE code of 2C (Entry-level separation without characterization of service). EXAMINER’S NOTE: In similar cases where the applicant received an entry- level separation for academic failure, the Board has recommended the words “and conduct” be removed from the narrative reason for separation. ...

  • AF | BCMR | CY2002 | 0200426

    Original file (0200426.doc) Auto-classification: Approved

    The RE code which was issued at the time of applicant’s separation accurately reflects the circumstances of her separation and we do not find this code to be in error or unjust. In view of the foregoing, we recommend the applicant’s records be corrected by deleting the words “and conduct” from her narrative reason for separation. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...

  • AF | BCMR | CY2003 | BC-2003-00236

    Original file (BC-2003-00236.doc) Auto-classification: Approved

    The complete evaluation is at Exhibit C. AFPC/DPPAE reviewed the applicant’s RE code and determined that it is correct. Therefore, we recommend that the applicant’s records be corrected as indicated below. THOMAS J. TOPOLSKI Panel Chair AFBCMR BC-2003-00236 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...

  • AF | BCMR | CY2006 | BC-2006-01591

    Original file (BC-2006-01591.doc) Auto-classification: Approved

    ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommended denial of the applicant’s request. ___________________________________________________________________ THE BOARD RECOMMENDS THAT: 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 or Discharge from...

  • AF | BCMR | CY2007 | BC-2006-03054

    Original file (BC-2006-03054.doc) Auto-classification: Denied

    We are not persuaded by the evidence presented that the uncharacterized entry-level separation received by the former member should be changed to an honorable discharge. Rather, an entry-level separation with uncharacterized service is used in those cases where the member has not yet completed six months of service at the time separation proceedings were, for whatever reason, initiated. However, after a thorough review of the applicant's submission and the evidence of record, we see no...

  • AF | BCMR | CY2006 | BC-2006-02193

    Original file (BC-2006-02193.doc) Auto-classification: Approved

    On 13 June 2006, the applicant was disenrolled from technical training for academic deficiency. _________________________________________________________________ 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. MARTHA J. EVANS Panel Chair AFBCMR...

  • AF | BCMR | CY2006 | BC-2006-01531

    Original file (BC-2006-01531.doc) Auto-classification: Approved

    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. Additionally, he provided no facts warranting a change in his RE code or narrative reason for separation. AFBCMR (Processing) DARYL R. LAWRENCE Examiner Air Force Board for Correction of Military Records