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AF | BCMR | CY2008 | BC-2007-03465
Original file (BC-2007-03465.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03465
            INDEX CODE:  100.06

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reentry (RE) and separation codes be changed to allow  his  return
to the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He twice inquired about being reclassified  and  was  denied  on  both
occasions.

In support of his appeal, the applicant  provides  extracts  from  his
military personnel records.

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 10 Apr 07.

On 25 Jul 07, the applicant was notified of his commander's intent  to
recommend his separation for entry level performance  or  conduct  for
failure to make satisfactory process in a required  training  program.
Specifically, he was academically eliminated from the Aerospace Ground
Equipment (AGE) Apprentice Course for failing Blocks II and III  tests
with scores of 64, 60, 55, and 65 percent, respectively.  The  minimum
passing score was 70 percent.  He consulted legal counsel  but  waived
his right to submit statements in his own behalf.  The proposed action
was found legally sufficient and on 6 Aug 07, the discharge  authority
approved his entry level separation.

Applicant was separated on 7 Aug 07 under the provisions  of  AFI  36-
3208 (Entry  Level  Performance  and  Conduct),  with  uncharacterized
service and assigned an RE of  2C  (Involuntarily  separated  with  an
entry level separation without  characterization  of  service)  and  a
separation code of JGA.  He was credited with 3 months and 28 days  of
total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial indicating the discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation and was within the discretion of the  discharge  authority.
The applicant did not submit any evidence or identify  any  errors  or
injustices that occurred in the discharge processing, and he  provided
no facts warranting a change to his reentry and separation codes.

According   to   AFPC/DPSOS,   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 that if a  member  served  less
than 180 days continuous active service, it would  be  unfair  to  the
member and the service to characterize their limited service.

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

AFPC/DPSOA recommends denial indicating the applicant’s RE code of  2C
is correct, and there is no error or injustice.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicates he entered the Air Force  to  better  himself  and
defend his country.  However, his hopeful career was cut short because
of his academic deficiency in his technical training.   He  tried  his
best, but was unable to pass the  AGE  course.   He  requested  to  be
reclassified but was  denied  the  opportunity.   Eventually,  he  was
separated from the Air Force.  Prior to his separation, he was advised
he would be able to reenter the military with his  RE  and  separation
codes.  However, he was further advised by a recruiter that his  codes
indicated he was separated for  disciplinary  reasons.   He  asks  the
Board to give him another chance to  fulfill  his  dream  of  military
service.

Applicant’s complete submission is at Exhibit E.

_________________________________________________________________

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 RE code of 2C be changed.  We note the Secretary of  the  Air
Force has statutory authority  to  promulgate  rules  and  regulations
governing the administration of the Air Force.   In  the  exercise  of
that authority, the Secretary has determined  that  members  separated
from the Air Force would be furnished an RE code predicated  upon  the
quality of their service and circumstances of their  separation.   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.
As a result, he was  assigned  an  RE code  of  2C.   It  appears  the
applicant’s  RE code  was  appropriately   assigned   and   accurately
reflected the  circumstances  of  his  separation,  and,  we  find  no
evidence to indicate the assigned RE code was in error.   In  view  of
the foregoing, and in the absence of  evidence  to  the  contrary,  we
conclude that no basis exists to recommend  favorable  action  on  the
applicant’s request that his RE code of 2C be changed.

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.  It appears to us 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
his required training program, we  find  no  evidence  of  misconduct.
Therefore, in order to correct the injustice  of  improperly  labeling
him, 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 7 Aug 07.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-03465 in Executive Session on 12 Feb 08, under the provisions  of
AFI 36-2603:

      Ms. Charlene M. Bradley, 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 was considered:

     Exhibit A.  DD Form 149, dated 15 Oct 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOA, dated 15 Nov 07, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Dec 07.
     Exhibit E.  Letter, applicant, dated 28 Dec 07.




                                   CHARLENE M. BRADLEY
                                   Panel Chair




AFBCMR BC-2007-03465




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 7 August 2007.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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