AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00512
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 20 AUG 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He believes his discharge was inequitable because it was based on personal
issues. The personal issues prevented him from focusing on his studies and
it was in his best interest to separate and prevent his unborn children
from being aborted.
In support of the appeal, the applicant submits a copy of DD Form 214,
Certificate of Release or Discharge from Active Duty and two character
reference letters.
Applicant’s complete submission, with attachments, is attached at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 10 November 2003. On 9
March 2004, he was notified by his commander that he was being recommended
for discharge for entry-level performance and conduct. The reason for this
action was that he was eliminated from the Aircraft Fundamentals Training
Course for academic deficiency after he failed Block one on two occasions
with scores of 48% and 62%. The minimum passing score was 70%. Prior to
disenrollment, he was counseled concerning his academic failure. He
acknowledged receipt of the notification of discharge and waived his rights
to consult with legal counsel and to submit statements in his own behalf.
The base legal office reviewed the case and found it legally sufficient to
support separation and recommended applicant be separated from the service
with an entry-level separation. The discharge authority approved the
separation and ordered he be separated with an uncharacterized entry-level
separation.
On 16 March 2004, he was discharged under the provisions of AFI 36-3208,
Administrative Separation of Airmen (entry-level performance and conduct)
and was issued an uncharacterized discharge. He received an RE code of 2C,
Involuntarily separated with an honorable discharge; or entry- level
separation without characterization of service. He served four months and
seven days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. The applicant did not submit any errors or
injustices that occurred in the discharge process. Additionally, he
provided no facts warranting a change to his RE 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 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 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 9
March 2007, for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 injustice. After reviewing the evidence of record, it
appears that his separation was proper and in compliance with the
appropriate regulations in effect at the time. However, based on the
evidence provided by the applicant attesting to his good character and
since his record is clear of any disciplinary problems, we believe that he
should be provided the opportunity to reapply for entry in the Armed
Forces. 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 any branch of service. Therefore, we recommend that his
records be corrected to the extent 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 on 16 March 2004, he was separated
under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority)
with a separation code of JFF and a reenlistment eligibility (RE) code of
3K.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2007-00512
in Executive Session on 22 May 2007, under the provisions of AFI 36-2603:
Mr. Laurence M. Groner, Panel Chair
Mr. James A. Wolffe, Member
Ms. Teri G. Spoutz, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Feb 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memo, AFPC/DPPRS, dated 27 Feb 07.
Exhibit D. Letter, SAF/MRBR, dated 9 Mar 07.
Laurence M. Groner
Panel Chair
AFBCMR BC-2007-00512
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 XXXXXXXXXXX, be corrected to show that on 16 March 2004, he was
separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial
Authority) with a separation code of JFF and a reenlistment eligibility
(RE) code of 3K.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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