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AF | BCMR | CY2011 | BC-2010-03624
Original file (BC-2010-03624.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2010-03624

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge From Active Duty,
be corrected to reflect:

1.  The Separation Code of “JET,”  (USAF  Trainee  Discharge)   rather
than “JGA,” (Entry level status performance and conduct or entry level
status performance – pregnancy).

2.  The Reentry (RE) Code of “1”  rather  than  “4C”,  (Separated  for
concealment of juvenile records, minority, failure  to  meet  physical
standards for enlistment, failure to attain a 9.0 reading grade  level
as measured by the Air Force Reading Abilities Test (AFRAT),  or  void
enlistments).

3.  A Narrative Reason for Separation  of  “Entry-Level  Performance,”
rather than “Entry-Level Performance and Conduct,”  to  allow  her  to
reenter military service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The counseling  and  statements  she  received  were  related  to  her
physical inabilities and not misconduct.

In support of her request, the applicant provides copies of  documents
extracted from her military records.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 22 Sep 09, the applicant enlisted in the Regular Air  Force  as  an
airman basic.

On 16 Dec 09, her commander notified her that he was recommending  her
discharge from the Air Force for unsatisfactory entry-level
performance  or  conduct.   The  reasons  for  this  action  were  the
applicant failed to make satisfactory progress in a required  training
program and her failure to meet fitness standards.

The applicant’s commander advised her of her rights  in  this  matter.
On 16 Dec 09, she waived her right to consult counsel  and  to  submit
statements in her own behalf.

On 16 Dec 09, the Discharge Authority directed her discharge  with  an
entry-level  separation  for  performance  and  conduct.   She  served
2 months and 26 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS recommends the requested relief be denied.  DPSOS states
the Department of Defense (DOD) determined that, if  a  member  served
less than 180 days of continuous active service, he/she would  receive
an entry-level separation/uncharacterized service when separation  was
initiated.  Her service is uncharacterized because it would be  unfair
to the member and the service to try and characterize the limited time
served.

AFPC/DPSOS complete evaluation is at Exhibit C.

HQ AFPC/DPSOA recommends denial of a change  of  the  RE  code  to  1.
DPSOA states the RE code “4C” she received on  her  DD  Form  214  was
erroneous.  The correct RE code is “2C,” “Involuntarily separated with
an   honorable   discharge;   or   entry-level   separation    without
characterization  of  service,”  which  is  based  on  the   applicant
receiving an entry-level separation.  The applicant’s RE code will  be
administratively corrected.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4
Mar 11, for review and comment within 30 days.  As of  this  date,  no
response has been received by this office.

_________________________________________________________________

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  warranting  a
change in  the  applicant’s  discharge  characterization,  separation
code, or reentry code.  After careful consideration of  the  complete
evidence of record,  we  are  not  persuaded  that  upgrade   of  her
discharge is warranted.  In this  respect,  we  note  the  prevailing
policy requires the applicant’s service to be  uncharacterized  since
she only served 2 months and 26  days  of  active  military  service.
Furthermore, the applicant has failed  to submit sufficient  evidence
to show that her discharge for failure to make satisfactory  progress
in a required training program does not constitute a sufficient basis
for her discharge.  Based on our review of the evidence,  it  appears
the processing of the discharge and the characterization  of  service
were appropriate  and  accomplished  in  accordance  with  Air  Force
policy.  Therefore, in the absence of evidence to  the  contrary,  we
find no basis to recommend favorable action on her requests as stated
above.

4.    Notwithstanding the above,  sufficient  relevant  evidence  has
been presented to demonstrate the existence of an error or  injustice
warranting a change in the reason for  separation.   After  reviewing
the applicant's  submission  and  the  evidence  of  record,  we  are
persuaded that a measure of relief is warranted to more appropriately
identify the circumstances surrounding her separation..  Although  we
find  the  discharge  action  taken  against  the  applicant  was  in
accordance with the applicable instruction, we believe the  narrative
reason for her entry-level separation; i.e., entry-level  performance
and conduct, could possibly be misleading as to the  reason  for  her
discharge.  In that regard, we note  there is no  evidence  that  the
applicant’s failure to make progress in her required training program
was due to  misconduct.   In  our  deliberations  of  this  case,  it
appeared to us the words "and conduct" could be misconstrued to infer
that  her  separation  for  academic  deficiency  was  also  due   to
misconduct.  Therefore, in the interest of justice,  we  believe  the
narrative reason should be amended to remove the words “and conduct.”
 Therefore, we recommend her  records  be  corrected  to  the  extent
indicated below.

_________________________________________________________________

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 her  DD  Form  214,
Certificate of Release  or  Discharge  from  Active  Duty,  issued  in
conjunction with her 17 December 2009 separation.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2010-03624 in Executive Session on 14 June 2011, under the  provisions
of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

All  members  voted  to  correct  the  records  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 23 Sep 10, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSOS, dated 25 Jan 11.
      Exhibit D. Letter, HQ AFPC/DPSOA, dated 10 Feb 11.
      Exhibit E. Letter, SAF/MRBR, dated 4 Mar 11.





                       Panel Chair

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