RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-03903
            INDEX CODE:  100.06, 110.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  19 JUNE 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed from 2C  to  3C  to  allow
him to serve on active duty in the Navy.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was discharged for academic failure not for disciplinary  problems.   His
commander stated that his RE code of 2C  would  keep  him  from  serving  on
active duty in the Air Force, but not from serving on active duty  in  other
branches of the service.  Within a month of his discharge he was  picked  up
by the Air Force Reserve.  His 2C code keeps  him  from  serving  on  active
duty in any branch of the military.  He would like his code changed to a  3C
so that he can serve on active duty in the Navy.

The applicant's submission is at Exhibit A.

EXAMINER’S  NOTE:   RE  Code  3C  indicates  [First-term  airman   not   yet
considered under the Selective Reenlistment Program]

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 25 Oct 05, in  the  grade  of
airman basic, for a period of six years.

On 8 Mar 06, applicant was notified of his commander’s intent  to  recommend
him for an entry level separation for failure to make satisfactory  progress
in a required training  program.   Specifically,  on  or  about  2  Mar  06,
applicant  was  academically  eliminated  from  the  Electronics  Principles
portion of the Integrated Avionics Systems  Apprentice  Course.   He  failed
the  Block  II,  III,  and  V  tests  with  scores  of  67%,  63%  and   63%
respectively.

On  9  Mar  06,  applicant  acknowledged  receipt  of  the  notification  of
discharge and waived his waived his right to consult with legal counsel  and
to submit statements in his own behalf.  On   17  Mar  06,  the  base  legal
office reviewed  the  case  and  found  it  legally  sufficient  to  support
separation and recommended an entry-level separation.  On  19  Mar  06,  the
discharge authority directed an entry-level separation.

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).   He
served on active duty for a period of 4 months and 29 days.

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.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends the application be denied,  and  states,  in  part,
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.

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 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 DPPRS evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 26 Jan 07, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and comment within 30 days.  To date,  a  response  has
not been received.

_________________________________________________________________

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 error or injustice warranting a change in  the  applicant’s  RE
code.  We note the applicant’s present code is consistent with the  type  of
discharge he received; however, this code  precludes  him  from  serving  on
active duty in another service.  We note the applicant is currently  serving
in the Air Force Reserve and would like the opportunity to serve  on  active
duty in the Navy.  While the applicant may have had problems progressing  in
the required technical training courses, we find no evidence of  misconduct.
 We note the applicant requested his RE code be changed  to  3C  [First-term
airman  not  yet  considered  under  the  Selective  Reenlistment  Program];
however, we believe a more appropriate code is 3K [Reserved for use  by  the
AFBCMR  when  no  other  reenlistment  eligibility  code   applies   or   is
appropriate].  This recommendation in no way guarantees that  the  applicant
will be accepted into any branch of service, rather that he  will  be  given
the opportunity to apply based on  his  own  merit  and  the  needs  of  the
service.   In  addition,  since  the  primary  reason  for  his  entry-level
separation was based on academic deficiency and not misconduct,  we  believe
the words “and conduct” in his narrative reason  for  separation  should  be
removed.  These words appear to be overly harsh and  could  be  misconstrued
to infer that his  separation  for  academic  deficiency  was  also  due  to
misconduct.  Therefore, in order  to  correct  an  injustice  of  improperly
labeling him, his narrative reason for separation  should  be  corrected  to
accurately reflect the circumstances  of  his  separation.   Therefore,  the
Board recommends that the  applicant’s  record  be  corrected  as  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

      a.  The words “and  conduct”  be  deleted  from  Block  28  (Narrative
Reason for Separation) of  his  DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty, issued on 23 March 2006.

      b.  At the time of his entry-level separation on  23  March  2006,  he
was issued a Reenlistment Eligibility (RE) code of “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
03903 in Executive Session on 7 March 2007, under the provisions of AFI  36-
2603:


      Ms. Cathlynn B. Novel, Panel Chair
      Ms. Dee R. Reardon, Member
      Mr. Jeffery R. Shelton, Member

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

     Exhibit A.  DD Form 149, dated 16 Dec 06.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 8 Jan 07.
     Exhibit D.  Letter, SAF/MRBR, dated 26 Jan 07.




                                   CATHLYNN B. NOVEL
                                   Panel Chair

































AFBCMR BC-2006-03903




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 [Applicant], be corrected to show that:

            a.  The words “and conduct” be deleted from Block 28
(Narrative Reason for Separation) of his DD Form 214, Certificate of
Release or Discharge from Active Duty, issued on 23 March 2006.

            b.  At the time of his entry-level separation on 23 March
2006, he was issued a Reenlistment Eligibility (RE) code of  “3K.”






            JOE G. LINEBERGER
            Director
                                              Air Force Review Boards
Agency