RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04645
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
While it is not readily apparent, it appears as though the
applicant is requesting that his entry-level separation with
uncharacterized service be upgraded to an honorable discharge,
and his Reentry (RE) code of 2C (Entry level separation without
characterization of service) be changed so he may reenlist.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was unfairly discharged from the Air Force for not attaining
a passing score on his Block III test. He was not afforded all
available opportunities to succeed. In the aftermath of his
first test failure where he scored 83 percent, he was only given
1.5 additional hours of instruction before attempting to retest.
Air Force instructions indicate airmen should be given an
opportunity to overcome their deficiencies before discharge
action begins and the Second Air Force Commanders stated goal
(Air Force Times, 23 Mar 10) is that every effort be made by the
training squadrons to assist in ensuring that every trainee
succeeds. According to the General, special individualized
assistance, wash back, and retesting are available to ensure the
best trained airmen, combat ready airman. However, the
applicant was never afforded the opportunity to be washed back
and was only provided 1.5 hours of individualized instruction
before being recommended for discharge. After the decision was
made to discharge him, he found out the squadron changed its
policy with respect to first time test failures to automatically
wash them back to repeat the block of study. Additionally, he
should not have been given an entry-level separation with
uncharacterized service because he served more than 180 days on
active duty.
In support of his request, the applicant provides an expanded
statement and copies of excerpts from his military personnel
records, a pertinent Air Force Times article, and excerpts from
AFI 36-3208, Administrative Separation of Airmen.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records indicate he enlisted
in the Regular Air Force on 2 Feb 10 in the grade of airman
basic (E-1) for a period of four years.
On 20 Jul 10, the applicant was notified by his commander of his
intent to recommend his discharge from the Air Force for entry-
level performance and conduct for his failure to make
satisfactory progress in a required course of instruction. The
specific reasons for the action were that he twice failed to
attain a passing score on the Block III, Unit 8, Test A, with
scores of 83 and 80 percent, when the passing score was
85 percent.
On 20 Jul 10, the applicant acknowledged receipt of the action
and elected not to submit a statement in his behalf.
On 10 Aug 10, the applicant was furnished an entry-level
separation with uncharacterized service and was credited with
six months and nine days of total active service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, indicating there is no evidence of
an error or injustice. The applicant was eliminated from the
Basic Airborne Mission System Specialist Course for twice
failing the Block III, Unit 8, Test A with scores of 83 and
80 percent, respectively. His discharge record reflects he was
counseled and afforded an opportunity to overcome his academic
deficiencies. As for his assertion he should have been
honorably discharged instead of being furnished an entry-level
separation; airmen are given entry-level separation with
uncharacterized service when separation is initiated within the
first 180 days of continuous active service. The Department of
Defense (DoD) determined it would be unfair, to both the
department and the member, to characterize a members limited
service when such service is less than 180 days. The applicant
was notified of separation on 20 Jul 10, which was 168 days from
his date of entry, well within the 180 days required for an
entry-level separation. Based on the documentation on file, the
discharge, to include the service characterization, was
appropriately administered and within the discretion of the
discharge authority.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSOA recommends denial, indicating there is no evidence of
an error or injustice. The applicants RE code of 2C is
required in accordance with AFI 36-2606, Reenlistments in the
USAF, based on his entry-level separation with uncharacterized
service. The applicant has provided no evidence to suggest the
RE code issued in conjunction with his entry-level separation is
wrong. He believes he was unfairly discharged; however, his
discharge was found to be legally sufficient and according to
the AFPC/DPSOS evaluation, his discharge, to include his
uncharacterized service and entry-level separation, was
appropriate and in compliance with the applicable governing
instructions.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 11 May 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we find no evidence of an error or
injustice that occurred during the discharge process. Based on
the available evidence of record, it appears the applicants
entry-level separation for failure to satisfactorily progress in
a required course of instruction was consistent with the
substantive requirements of the governing instructions and
within the commanders discretionary authority. He has provided
no evidence which would lead us to believe his entry-level
separation with uncharacterized service was improper or contrary
to the provisions of the governing directive, or the RE code
issued in conjunction with his entry-level separation was
erroneous or inappropriately assigned. Therefore, absent
evidence the applicant was not afforded rights to which he was
entitled, there was an abuse of discretionary authority, or
appropriate standards were not applied, we find no basis to
recommend granting the requested relief.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2010-04645 in Executive Session on 7 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Dec 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 21 Mar 11.
Exhibit D. Letter, AFPC/DPSOA, dated 26 Apr 11.
Exhibit E. Letter, SAF/MRBR, dated 11 May 11.
Panel Chair
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