RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02881
		INDEX CODE:  100.03, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed to reflect "1C," vice "2C."

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was based on his failure in his guaranteed Air Force Specialty (AFS).  He was told that he would be eligible to reenlist if he did not appeal the decision to separate him, however Air Force and Navy recruiters told him otherwise.  The applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Feb 01.  On 17 May 01, applicant was notified by his commander that he was recommending that he be separated from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, paragraph 5.22.2 for entry-level performance and conduct.  The specific reasons for his action were his failure to make satisfactory progress in a required training program.  He was advised of his rights in this matter.  On that same date, he acknowledged receipt of the notification, waived his right to consult counsel, and elected not to submit statements on his own behalf.  In a legal review of his case the assistant staff judge advocate found the case legally sufficient and on 22 May 01, the group commander directed that he be separated.  He was separated on 30 May 01.  He served 3 months and 4 days on active duty.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS reviewed applicant's request and recommends denial.  DPPRS states that he was eliminated from the Security Forces technical training course for academic deficiency after failing the first written test, twice with scores of 52 and 62.  The minimum passing score is 70 percent.  Prior to his disenrollment he was counseled concerning his academic failure and received 4 hours of special individualized assistance.  His separation was consistent with the procedural and substantive requirements of the discharge regulation and his uncharacterized character of service is correct.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE reviewed applicant's request and states that the applicant's RE code of 2C "Involuntarily separated with an honorable discharge; or entry level separation without characterization of service" is correct.  The DPPAE evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 15 Feb 02, for review and response 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 probable error or injustice that would warrant a change to his RE code.  We agree with the opinion and recommendation of the Air Force office of primary responsibility that the RE code which was assigned at the time of his separation accurately reflects the circumstances of his separation and evidence has not been provided that would lead us to believe otherwise.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.  Sufficient relevant evidence has been provided to demonstrate the existence of probable injustice that would warrant a change in the reason for separation.  After reviewing his submission and the evidence of record, we are persuaded that some relief is warranted.  We note that the separation action taken against the applicant was in accordance with the applicable instruction.  However, after reviewing the evidence of record, it is our opinion that the narrative reason for his entry-level separation, "entry-level performance and conduct," is overly harsh.  In our deliberation 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 his own 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 that the applicant's 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 on 30 May 2001.

_________________________________________________________________

The following members of the Board considered Docket Number 01-02881 in Executive Session on 27 Mar 02, 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 3 Oct 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 10 Dec 01.
     Exhibit D.  Letter, AFPC/DPPAE, dated 31 Jan 01.
     Exhibit E.  Letter, SAF/MRBR, dated 15 Feb 02.

					

AFBCMR 01-02881

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 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 30 May 2001.