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AF | BCMR | CY2007 | BC-2007-00512
Original file (BC-2007-00512.doc) Auto-classification: Approved

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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