RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00262
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His separation and reenlistment eligibility (RE) codes be
changed so that he can reenter the Air Force.
2. His uncharacterized entry-level separation be changed to an
honorable discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He did not fully understand this type of discharge would prohibit
him from future military service.
He was suffering from a mental hardship dealing with his fathers
terminal illness, and had a hard time staying focused on his
career specialty training.
He was told that he would be able to reenter the military after
six months. He went to see a recruiter in Jan 09, and was told
the code on his DD Form 214, Certificate of Release or Discharge
from Active Duty, is prohibiting him from joining the military.
In support of his request, the applicant provides a personal
statement, and his DD Form 214.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force on 8 Dec 99. He was
progressively promoted to the grade of airman.
On 5 Apr 00, the applicant was notified by his squadron commander
that he was recommending he be discharged from the Air Force for
unsatisfactory performance failure to make satisfactory
progress in a required training program. The reason for the
proposed action was the applicant was eliminated from the
Security Forces technical training course for academic deficiency
after failing Block II three times with scores of 68, 36, and 44,
the minimum passing score is 70. Prior to applicants
disenrollment, he was counseled concerning his academic failure
and received three hours of Special Individualized Assistance.
Efforts to improve his performance were met with negative
results.
The applicant acknowledged receipt of the discharge notification,
and waived his right to consult with counsel, and to submit
statements in his own behalf. The base legal office found the
case legally sufficient to support the separation. The discharge
authority approved the separation, and on 11 Apr 00, the
applicant received an uncharacterized entry level separation, by
reason of entry-level performance and conduct, and was issued an
RE code of 2C (Involuntarily separated with an uncharacterized
entry-level separation). He served on active duty for a period
of four months and four days.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states that based on the
documentation on file in the master personnel records, the
discharge, to include the service characterization, was
appropriately administered and within the discretion of the
discharge authority. The applicant provided no evidence of an
error or injustice in the processing of his discharge warranting
a change to his character of service, separation code, or
narrative reason for separation.
The complete DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSOA recommends denial of the applicants request for a
change in his RE code. The 2C RE code is the only authorized RE
code for members who receive an entry level separation with an
uncharacterized character of service.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 May 09, copies of the Air Force evaluations were forwarded
to the applicant for review and comment within 30 days. To date,
a response has not been received.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicant has provided no evidence showing that his separation
and RE codes are in error or contrary to the prevailing
instruction. The applicants discharge appears to be in
compliance with the governing instruction and we find no evidence
to indicate that his separation was inappropriate. Therefore,
his uncharacterized character of service is correct and in
accordance with DoD and Air Force instructions. An entry-level/
uncharacterized separation should not be viewed as negative and
should not be confused with other types of separation. The RE
code which was issued at the time of the applicants separation
accurately reflects the circumstances of his separation and we do
not find this code to be in error or unjust. We therefore,
conclude that no basis exists upon which to recommend favorable
action on his request that it be changed. Therefore, in the
absence of persuasive evidence to the contrary, we adopt the
rationale provided by the Air Force offices of primary
responsibility as the basis for our conclusion that the applicant
has not been the victim of an error or injustice and conclude
that no basis exists to recommend granting the relief sought in
this application.
4. Notwithstanding the above, after reviewing the applicants
submission and the evidence of record, we are persuaded that some
relief is warranted. We note the discharge action taken against
the applicant was in accordance with the applicable instruction.
However, we find the narrative reason for his entry level
separation; i.e., entry level performance and conduct, to be
unjust. In our deliberations of this case, it appears to us the
words and conduct could be misconstrued to infer 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 applicants 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 to show that the DD Form 214, Certificate of Release or Discharge from Active Duty, issued in
conjunction with his entry level separation on 11 April 2000, be,
and hereby is, amended by deleting the words and conduct from
Block 28 (Narrative Reason for Separation).
_______________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2009-00262 in Executive Session on 26 Aug 09, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence pertaining to Docket Number
BC-2009-00262 was considered:
Exhibit A. DD Form 149, dated 11 Feb 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 8 Apr 09.
Exhibit D. Letter, AFPC/DPSOA, dated 7 May 09.
Exhibit E. Letter, SAF/MRBR, dated 22 May 09.
Panel Chair
AFBCMR BC-2009-00262
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 APPLICANT,
be corrected to show that the DD Form 214, Certificate of Release or Discharge from Active Duty,
issued in conjunction with his entry level separation on 11 April 2000, be, and hereby is, amended
by deleting the words and conduct from Block 28 (Narrative Reason for Separation).
Director
Air Force Review Boards Agency
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