RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03505
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His entry level separation and his reentry (RE) code of 2C
(involuntarily separated with an honorable discharge; or entry
level separation without characterization of service) be
changed.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
At the time of his enlistment, he did not have much
understanding of the English language. He struggled speaking
and understanding it. He failed a test in basic military
training (BMT) and subsequently failed two tests in technical
school, which resulted in his discharge. He is confident that
his knowledge of the English language has increased and has a
better understanding of it.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 12 Jan 04 separation.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force, on 5 Aug 03,
for a period of six years, in the grade of airman basic (E1/AB).
On 30 Dec 03, the commander initiated administrative discharge
action against the applicant for entry-level performance or
conduct. The reasons for the proposed action were based on the
applicants failure to make satisfactory progress in a required
training program. He was eliminated from the Security Forces
Apprentice training course for unsatisfactory performance after
failing Test 1, Version B, Retest of Test 1, Version A, and
Retest of Test 1, Version C, with scores of 62%, 66% and 62%
respectively. The minimum passing score was 70%. Prior to
disenrollment, the applicant was counseled concerning his
performance, was washed back twice and received four hours of
Special Individualized Assistance (SIA). Efforts to improve his
performance were met with negative results. On that same date,
the applicant waived his right to counsel and to submit
statements in his own behalf. The deputy chief, adverse actions
found the case file legally sufficient and the discharge
authority directed discharge with an entry-level separation,
without probation and rehabilitation.
On 12 Jan 04, the applicant received an uncharacterized entry-
level separation, with a reason for separation of entry level
performance and conduct, and was issued an RE code of 2C.
He was credited with five months and eight days of active duty
service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, stating, in part, based on the
documentation on file in the applicants master personnel
record, the applicant had difficulty with the English language,
which led to him not understanding of the security forces
course. They found the discharge, to include the reason for
separation, was appropriately administered and within the
discretion of the discharge authority. The applicant did not
provide any evidence or identify any errors or injustices in the
discharge processing, warranting a change to his narrative
reason for separation and separation code.
Additionally, they noted that airmen are given entry-level
separation/uncharacterized service characterization when the
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 service, it
would be unfair to the member and the service to characterize
their limited service. The uncharacterized service, which
resulted in the RE code of 2C, is appropriate and in accordance
with DoD and Air Force instructions.
The complete AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial, stating, in part, the applicant
received the reentry code of 2C based on his entry level
separation, with uncharacterized service. They noted the
applicant failed to demonstrate any error or injustice.
The complete AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 25 Mar 11 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit E).
________________________________________________________________
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt
their 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 basis to recommend granting the relief sought in this
application.
4. Notwithstanding the above, sufficient relevant evidence has
been presented to demonstrate the existence of an 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.
The available evidence indicates it was the applicants 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
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 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
12 January 2004.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-03505 in Executive Session on 28 June 2011, under
the provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Sep 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 27 Jan 11.
Exhibit D. Letter, AFPC/DPSOA, dated 14 Feb 11.
Exhibit E. Letter, SAF/MRBR, dated 25 Mar 11.
Panel Chair
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