RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02281
		INDEX CODE:  100.00, 110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His separation and reenlistment eligibility (RE) codes be changed so that he can reenlist into the military.

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APPLICANT CONTENDS THAT:

He was separated for test failure.  No misconduct or any other factors played a part in his separation.  He wants to serve his country again.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) was 15 Feb 01.

On 9 May 01, the applicant was notified that his commander was recommending that he be discharged from the Air Force for entry level performance and conduct.  The reason for this action was that applicant failed to make satisfactory progress in a required training program.  Specifically, he was eliminated from the Security Forces technical training course for academic deficiency after failing the first written test, twice with scores of 60% and 52% -- the minimum passing was 70%.  Prior to his disenrollment, he was counseled concerning his academic failure and received four hours of Special Individualized Assistance.  Efforts to improve his performance met with negative results.  As a result, he was disenrolled from the Security Forces technical training course on 2 May 01.

On 9 May 01, applicant waived his option to consult counsel and waived his right to submit statements.  The applicant’s file was reviewed and found to be legally sufficient to support separation.

On 15 May 01, applicant was separated from the Air Force in the grade of airman basic under the provisions of AFI 36‑3208, Administrative Separation of Airmen (Entry Level Performance and Conduct), and received an uncharacterized entry level separation, an RE code of 2C and a separation code of JGA (Entry Level).  He served 3 months and 1 day total active service.

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AIR FORCE EVALUATION:

AFPC/DPPRS reviewed this application and recommends denial.  They state that, based upon the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the sound discretion of the discharge authority.  Airmen are given entry level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The Department of Defense (DOD) determined if a member served less than 180 days of continuous active service, it would be unfair to the member and the service to characterize their limited service.  Therefore, his uncharacterized character of service is correct and in accordance with DOD and Air Force instructions.  An entry level separation should not be viewed as negative or less than honorable and should not be confused with other types of separation.

A complete copy of the Air Force evaluation is attached at Exhibit C.

AFPC/DPPAE also reviewed this application and indicated that a review of the applicant’s case file was conducted.  The RE code of 2C “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct.  However, if the Board feels administrative relief is appropriate, DPPAE recommends RE code 3K “Reserved for use by HQ AFPC or the Air Force Board for Correction of Military Records (AFBCMR) when no other RE code applies or is appropriate.”

A complete copy of their evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 12 Oct 01 for review and response within 30 days.  As of this date, no response has been received by this office.

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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 probable error or injustice concerning the applicant’s RE code.  The applicant has provided no evidence showing that his assigned RE code is in error or contrary to the prevailing instruction.  The RE code which was issued at the time of applicant’s 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.

4.  Sufficient relevant evidence has been presented to demonstrate the existence of probable 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 some relief is warranted.  We note that the discharge action taken against the applicant was in accordance with the applicable instruction.  However, after reviewing the applicant’s request and the evidence of record, we find the narrative reason for his entry level separation; i.e., entry level performance and conduct, to be overly harsh.  In our deliberations of this case, it appeared to us that the word “conduct” could be misconstrued to infer that 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 applicant’s records be corrected by deleting the words “and conduct” from his narrative reason for separation.

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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 on 15 May 2001.

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The following members of the Board considered this application in Executive Session on 18 December 2001 and 18 January 2002, under the provisions of Air Force Instruction 36‑2603:

	            Vice Chair
	            Member
	            Member

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

     Exhibit A.  DD Form 149, dated 30 Jul 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 31 Aug 01.
     Exhibit D.  Letter, AFPC/DPPAE, dated 1 Oct 01.
     Exhibit E.  Letter, SAF/MRBR, dated 12 Oct 01.

                                   

AFBCMR 01-02281

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 , 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 on 15 May 2001.