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AF | BCMR | CY2007 | BC-2007-00527
Original file (BC-2007-00527.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00527
            INDEX CODE:  100.03, 100.06

            COUNSEL:  NOT INDICATED

            HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  25 AUG 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed to 1A  or  the  equivalent
to allow her to rejoin the Armed Forces.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her separation from the Air Force was not a result of  disciplinary  action.
The RE code she received prevents her from joining  another  Branch  of  the
military.

In support of her request, the applicant submitted AF Form 100, Request  and
Authorization for Separation, and a copy of her DD Form 214, Certificate  of
Release or Discharge from Active Duty.

Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  25  July  2006,  in  the
grade of airman basic.

On 13 December 2006, her commander notified her  that  he  was  recommending
she be discharged from the Air Force under the provisions  of  AFI  36-3208,
Administrative Separation of Airmen (entry-level performance  and  conduct).
The specific reason for his action was that the applicant failed  her  Block
4 Unit 5, Test A, the Block V, Diesel Engine Fundamentals and Block 5,  Unit
3, Test A with scores of 68%, 45%, 38%, and 60%.  The minimum passing  score
was 70%.  The applicant was  advised  of  her  rights  in  the  matter.   On
16 December 2006, she acknowledged receipt of the  notification,  and  after
consulting with counsel, elected to submit statements  on  her  own  behalf.
The case was reviewed by the base legal office,  and  found  to  be  legally
sufficient to support discharge.  She was separated from the  Air  Force  on
18 January  2007,  with  an  uncharacterized  entry-level  separation,   and
received an RE  code  of  2C”  Involuntarily  separated  with  an  honorable
discharge; or entry level separation without characterization  of  service.”
She served 5 months and 24 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states based upon the documentation  in
the file, the discharge was consistent with the procedural  and  substantive
requirements of the discharge regulation.  Additionally, the  discharge  was
within the discretion of the discharge authority.

The applicant did not submit any new evidence  or  identify  any  errors  or
injustices that occurred in the discharge process; nor did she  provide  any
facts  warranting  a  change  to  her  RE  code  or  narrative  reason   for
separation.

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, her uncharacterized character  of  service  is  correct  and  in
accordance with DoD and Air Force instructions.

A complete copy of the 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  23
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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice.   Applicant’s  contentions  are  duly
noted; however, we are not persuaded that the applicant has been the  victim
of an error or injustice.  At the time members are separated  from  the  Air
Force, they are furnished an RE code predicated upon the  quality  of  their
service and circumstances of their separation.  After a thorough  review  of
the evidence of record, we believe that given the circumstances  surrounding
the applicant’s separation, the RE code issued was in  accordance  with  the
appropriate instructions.   Therefore,  we  find  no  basis  upon  which  to
recommend granting relief sought in this application.

4.  Sufficient relevant  evidence  has  been  provided  to  demonstrate  the
existence of injustice that  would  warrant  a  change  in  the  reason  for
separation.  After reviewing her submission and the evidence of  record,  we
are persuaded that some relief is warranted.  We note  that  the  separation
action taken against the applicant was in  accordance  with  the  applicable
instruction.  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.
In our deliberation of this case, it  appeared  to  us  the  word  “conduct”
could be misconstrued to infer that her 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,  her  narrative  reason  for  separation
should  be  corrected  to  accurately  reflect  the  circumstances  of   her
separation.  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  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, issued on 18 January 2007.

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2007-00527
in Executive Session on 20 June 2007, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. Wallace F. Beard Jr., Member
                             Mr. Allen A. Blomgren, 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.  Letter, AFPC/DPPRS, dated 20 Mar 07.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Mar 07.





                                   THOMAS S. MARKIEWICZ
                                   Chair


AFBCMR BC-2007-00527




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,
issued on 18 January 2007.









  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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