RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02930
		INDEX CODE:	 100.03, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed from “2C” to “1”.

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APPLICANT CONTENDS THAT:

His service performance was above his peers and he exceeded the average performer.  He was discharged for failing the end of course (EOC) exam.  Prior to this, he had no other marks to give anyone a reason to discharge him from the service.  He was informed by his area defense counsel (ADC), if he would have requested a waiver for the testing he would still be required to retake the test and gain a passing score or he would return to the same standing that he was currently in.  He told the ADC that he felt he was unable to pass the test and would like to retrain.  He was told that his commander would deny his request and his best option was to go with the discharge.  He believes that he was misrepresented by the ADC and requests his records be amended.

In support of his request, applicant provided two AF Forms 77, Supplemental Evaluation Sheet, a copy of AF Form 1206, Nomination for Award, and copies of AF Form 911, Enlisted Performance Report.

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 7 December 1995, for a term of 4 years and was progressively promoted to the rank of staff sergeant.  On 29 March 2002, he was notified of his commander’s intent to recommend that he be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen, (Unsatisfactory Performance) and received an honorable discharge.  The reason for this action was that he failed his career development course (CDC) end-of-course test on 10 October 2001, and again on 18 December 2001.  He was advised of his rights in this matter and acknowledged receipt of the notification on 14 February 2002.  He consulted with counsel and submitted a conditional waiver of the rights associated with an administrative discharge board hearing.  The waiver request was contingent upon him receiving not less than an honorable discharge, if the recommendation for discharge was approved.  In a legal review of the case file, the base legal office found the case legally sufficient to support discharge.  The discharge authority approved the separation and ordered an honorable discharge without probation and rehabilitation.  He was separated from the Air Force on 29 March 2002, with an honorable discharge and received an RE code of “2C”.  He served 6 years, 3 months and 23 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  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 discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge process.

The DPPRS evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Mar 04, for review and comment within 30 days.  As of this date, this office has received no response.

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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 an error or injustice warranting a change in his reenlistment eligibility (RE) code to a “1”.  After reviewing the evidence of record, it appears that his separation was proper and in compliance with the appropriate regulations in effect at the time and there was no evidence submitted, other than his own assertions that he was denied proper legal representation.  However, since his record is clear of any disciplinary problems, we believe that he should be provided the opportunity to reapply for entry in the Armed Forces.  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 any branch of service.  Therefore, we recommend that his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his discharge on 29 March 2002, he was issued a Reenlistment Eligibility (RE) code of "3K".

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The following members of the Board considered Docket Number BC-2003-02930 in Executive Session on 25 May 2004, under the provisions of AFI 36-2603:

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

	Exhibit A.	DD Form 149, dated 20 Aug 03 w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 13 Feb 04.
	Exhibit D.	Letter, SAF/MRBR, dated 19 Mar 04.

	

AFBCMR BC 2003-02930

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 to show that at the time of his honorable discharge on 29 March 2002, he was issued a Reenlistment Eligibility (RE) code of "3K".