RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03462
		INDEX CODE:  110.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His uncharacterized discharge be upgraded to an honorable discharge; narrative reason for separation changed to convenience of the government, with a corresponding separation program designator and a Reenlistment Eligibility (RE) code of “1.”  

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APPLICANT CONTENDS THAT:

While in basic training he was an honor student and part of an honor flight.  He received good conduct marks in basic training and technical school.  He was recommended for a recruiter assistant program while in basic training.  He was looking forward to carrying his success over to technical school however, his lack of knowledge in a field that wasn’t suited for him contributed to his inability to succeed.  

When he joined the Air Force he desired a job in the administrative or computer field.  His recruiter informed him that in basic training he would be able to choose a career field that suited him.  That was not true.  He was placed in a career field that he had no knowledge of or interest in.  He did not receive a passing grade in technical school and it resulted in his failing this career field.  He indicates that his discharge is not properly characterized and the separation codes received are too extreme.

Since discharged he has furthered his education by attending C.H.I. Institute’s Computer Repair Technology program; he has graduated on the Dean’s List and is currently employed with a telecommunication company; he has returned to college and is in an administration option program; and is an upstanding citizen in his community.  He indicates that he has taken full responsibility for his actions while in the military and if allowed to return, the military would benefit greatly from his reentry.
   
In support of his appeal, the applicant provided a personal statement, Personal Credit Score, three character reference letters, and other documentation.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 22 January 1997 in the grade of airman basic for a period of four (4) years.

On 3 July 1997, the applicant was notified of his commander's intent to initiate discharge action against him for entry-level performance or conduct.  The specific reason follows:

He failed to make satisfactory progress in a required training program.  Specifically, he failed Block IIA/A twice, and Block IIA/B, Aircraft Systems, with scores of 56%, 60%, and 28% - minimum passing is 70%.  As a result of this failure, he was disenrolled from his technical training on 3 July 1997.  Prior to disenrollment he was counseled concerning his academic failure.  

The applicant declined legal counsel and waived his right to submit statements in his behalf on 3 July 1997.

On 10 July 1997, the discharge authority approved the applicant’s discharge.

Applicant was discharged on 11 July 1997, in the grade of airman with an Entry Level Performance and Conduct discharge, under the provisions of AFI 36-3208.  He served 5 months and 20 days of total active military service.  He received a Reenlistment Eligibility (RE) code of 2C.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial.  They indicated that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  Separation for the “Convenience of the Government” is a generic term used to describe a number of voluntary and involuntary separations and these separations have their own separation program designator (SPD) code and narrative reason.

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 determined if a member served less than 180 days 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 the Department of Defense and Air Force instructions.  An entry-level/uncharacterized separation should not be viewed as negative and should not be confused with other types of separation.  He has not filed a timely request.

The evaluation is at Exhibit C.

AFPC/DPPAE indicated that the RE code 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct.

The evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 14 February 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within thirty (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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting a change in the narrative reason for separation and Reenlistment Eligibility (RE) code.  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 inaccurate.  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.

4.	The RE code issued at the time of separation was in accordance with the applicable regulations.  However, the Board finds that based on the applicant’s post-service accomplishments and his desire to reenlist in the service, his RE code should be changed to “3K.”  The Board believes he should be afforded the opportunity to apply for a waiver to enlist in the armed services.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to the Air Force or any branch of the service.  Therefore, we recommend his RE code be changed to “3K” (Secretarial Authority).

5.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting a change in the applicant’s characterization of service.  The Board notes that the uncharacterized character of service that the applicant received indicates an entry level separation.  This condition applies when separation proceedings are initiated within six (6) months of entry on active duty.  The applicant served 5 months and 20 days of total active military service.  Therefore, we find no basis to conclude that the uncharacterized nature of his separation is erroneous or unjust.  Accordingly, his request for an honorable discharge is not favorably considered.

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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 11 July 1997 and to show that at the time of his discharge on 11 July 1997, he was issued a Reenlistment Eligibility (RE) code of “3K.”

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The following members of the Board considered AFBCMR Docket Number BC-2002-03462 in Executive Session on 17 April 2003, under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 October 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 13 November 2002.
   Exhibit D.  Letter, AFPC/DPPAE, dated 3 February 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 14 February 2003.

				

AFBCMR BC-2002-03462

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 11 July 1997 and to show that at the time of his discharge on 11 July 1997, he was issued a Reenlistment Eligibility (RE) code of “3K.”