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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