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AF | BCMR | CY2007 | BC-2007-02794
Original file (BC-2007-02794.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02794
            INDEX CODE:  A29.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 MAR 09

_________________________________________________________________

APPLICANT REQUESTS THAT:

His uncharacterized service be changed to an honorable discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He thought that his service  was  honorable.   If  the  Board  is  not
willing  to  change  his  uncharacterized  service  to  an   honorable
discharge, he requests he be provided a letter indicating his  service
was honorable.  He has applied for a job as a correction  officer  and
his character of service is not sufficient for his employment.

In support of his appeal, the applicant provided copies  of  a  letter
from the State  of  Michigan  Department  of  Civil  Service  and  his
separation document.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 9 Mar 04.

On 16 Aug 04, the applicant’s commander notified  the  applicant  that
she was recommending he be discharged for entry level  performance  or
conduct.   The  reason  for  this  action  was  his  failure  to  make
satisfactory progress in a required training  program.   Specifically,
he failed Block 1A, Block 2B, and Block 3B, with scores of 52 percent,
52 percent, and 62 percent, respectively.  The minimum  passing  score
was 70 percent.  As a result of these  failures,  he  was  disenrolled
from his technical training on 4 Aug 04.  Prior to  disenrollment,  he
was counseled concerning his  academic  failures,  washed  back  three
times, and received 24  hours  of  Special  Individualized  Assistance
(SIA).  He also attended Study Skill, Test  Taking  and  Test  Anxiety
classes.   Efforts  to  improve  his  performance  met  with  negative
results.  The applicant was advised of his rights in  the  matter  and
that an entry level separation would be recommended.

In a legal review of the discharge case file, on 20 Aug 04, the  Staff
Judge Advocate found the file was legally sufficient  and  recommended
the applicant be separated with an entry level separation.

On 23 Aug 04, the discharge authority approved the  separation  action
and directed the applicant be furnished an entry level separation.

On 26 Aug 04, the applicant was separated under the provisions of  AFI
36-3208 (Entry Level Performance and  Conduct)  with  an  entry  level
separation.  He was credited with  5  month  and  18  days  of  active
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends   denial   indicating   that   based   on   the
documentation in the applicant’s records, the discharge was consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation and was within the discretion of the  discharge  authority.
He did not submit any evidence or identify any  errors  or  injustices
that occurred in the discharge processing, and he did not provide  any
facts warranting a change to his uncharacterized service.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  14
Oct 07 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit D).

_________________________________________________________________

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 error or injustice regarding the applicant’s  request
that his uncharacterized service be changed to an honorable discharge.
 The evidence of record indicates the applicant  was  given  an  entry
level separation for entry level performance and conduct based on  his
failure to make satisfactory progress in a required training  program.
Because he was within his first 180 days of  active  service,  he  was
given an entry level separation with uncharacterized service.  We find
no evidence which would lead  us  to  believe  that  his  entry  level
separation with uncharacterized service was improper  or  contrary  to
the governing instruction under which it was effected.  In view of the
foregoing, and in the absence of sufficient evidence to the  contrary,
we conclude that the applicant has failed to  sustain  his  burden  of
establishing  he  has  suffered  either  an  error  or  an  injustice.
Accordingly, we find no compelling basis  to  recommend  granting  the
relief sought in this application.

4.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable injustice warranting a change in the reason  for
separation.  As noted above, we believe the  separation  action  taken
against  the  applicant  was  in  accordance   with   the   applicable
instruction.  However, after  a  thorough  review  of  the  facts  and
circumstances of this case, we  find  the  narrative  reason  for  his
separation; i.e., entry level performance and conduct,  to  be  overly
harsh.  Based on  the  available  evidence,  it  was  the  applicant’s
academic deficiency that ultimately resulted in  his  separation,  and
not any misconduct.  Therefore, in order to correct the  injustice  of
improperly labeling the applicant, his narrative reason for separation
should be corrected to accurately reflect  the  circumstances  of  his
separation.  Accordingly, we  recommend  the  applicant’s  records  be
corrected by deleting the  words  “and  conduct”  from  his  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  his  DD
Form 214, Certificate of Release or Discharge from Active Duty, issued
as a result of his entry level separation on 26 Aug 04.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 25 Oct 07, under the provisions of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Ms. Karen A. Holloman, Member
      Mr. Wallace F. Beard, Jr., Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  BC-
2007-02794 was considered:

     Exhibit A.  DD Form 149, dated 27 Aug 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOS, dated 7 Sep 07.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 07.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair




AFBCMR BC-2007-02794




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 his DD Form 214,
Certificate of Release or Discharge from Active Duty, issued as a
result of his entry level separation on 26 August 2004.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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