RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01615
INDEX CODE: 112.10
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 NOVEMBER 2008
______________________________________________________________
APPLICANT REQUESTS THAT:
1. His reenlistment (RE) code be changed so he can enlist in the United
States Navy (USN).
2. The applicant makes comment that he believes he was paying into the
Montgomery GI Bill (MGIB) but makes no specific request for relief.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged because of too many course failures during technical
school. He believes this was an injustice because during technical school,
he was concerned about his mother who had suddenly become ill; therefore,
he was not able to give his undivided attention to his training. Now that
he is much older and mature, he now realizes he should not have allowed
this to affect his training to the degree it did. It is his desire to join
the USN and serve his country.
In support of his request, the applicant submits a personal letter.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Air Force on 30 August 2005 in the grade of
airman basic. On 11 January 2006, applicant was notified by his commander
that he was recommending he be discharged from the Air Force under the
provisions of AFI 3208, Administrative Separation of Airman (entry-level
performance and conduct), with an uncharacterized entry-level separation.
The specific reasons for this action were his failure of Block 1, Test A
twice and Block II, Test A, with scores of 68%, 68% and 66%, respectively.
The minimum passing score was 70%. As a result of these failures, he was
disenrolled from training.
He acknowledged receipt of the notification of discharge and waived his
right to consult counsel and submit statements on his own behalf. In a
legal review of his case, the base legal office found it legally sufficient
to support separation and recommended he be discharged with an entry-level
separation.
Applicant was discharged in the grade of airman basic on 26 August 2006
with an uncharacterized entry-level separation.
He received an RE code of “2C” which denotes "Involuntarily separated with
an honorable discharge; or entry level separation without characterization
of service."
He served 4 months and 26 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial. DPPRS states 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 applicant did not identify any errors or
injustices that occurred in the discharge process. Additionally, he
provided no facts warranting a change in his RE code or narrative reason
for separation.
The complete DPPRS evaluation is at Exhibit C.
AFPC/DPPAT states the applicant makes the statement "I believe I was paying
into the G.I. Bill." but does not provide a clear explanation regarding his
request. The applicant contributed $400.00 of the required $1,200
contribution for participation in the MGIB program prior to his separation.
In addition, the applicant was asked to identify what the error or
injustice was regarding his belief that he was paying into the MGIB. The
applicant provided no response. DPPAT can confirm that he did begin to
contribute toward the MGIB; however, since the applicant does not clarify
his statement, DPPAT cannot provide a recommendation.
The complete DPPAT evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 3
August 2007 for review and comment within 30 days. As of this date, this
office has received no response (Exhibit E).
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was time filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice regarding the applicant’s RE code and
enrollment in the MGIB. We took notice of the applicant’s complete
submission in judging the merits of the case, however; we agree with the
opinions and recommendations of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
4. Notwithstanding the above, we believe relief is warranted with respect
to the applicant's narrative reason for separation. We note that the
discharge 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 his entry-
level separation; i.e., entry-level performance and conduct, to be
inappropriate. In our deliberations of this case, it appeared to us that
the word "conduct" could be misconstrued to infer that his 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, his narrative reason for
separation should be corrected to accurately reflect the circumstances of
his separation. In view of the foregoing, we recommend the applicant’s
records be corrected by deleting the words “and conduct” from his narrative
reason for separation.
________________________________________________________________
THE BOARD RECOMMENDS:
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 Active Duty.
________________________________________________________________
The following members of the Board considered Docket Number BC-2007-01615
in Executive Session on 12 September 2007, under the provisions of AFI 36-
2603:
Mr. Michael J. Novel, Panel Chair
Mr. Richard K. Hartley, 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-2007-01615 was
considered:
Exhibit A. DD Form 149, dated May 17, 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFPC/DPPRS Letter, dated 8 June 2007.
Exhibit D. AFPC/DPPAT Letter, dated 24 Jul 2007.
Exhibit E. Letter, SAF/MRBR, dated 3 August 2007.
MICHAEL J. NOVEL
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office of the Assistant Secretary
AFBCMR BC-2007-01615
MEMORANDUM FOR 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 XXXXXXX, XXXXXXX, 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 Active Duty.
JOE G. LINEBERGER
Director
Air Force Review Boards
Agency
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