RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03251
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) and separation codes be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She would like her RE code changed to enlist into the Air Force Reserves.  She indicates that she completed basic training and was in the ninth week of the eleven-week security forces training program.  She failed a section test three times and was notified that she would not be allowed to continue training because of academic deficiency.  She was informed that she could leave the Air Force and re-enter in six months or she could wait in detail status for several months until she could be reassigned to a different skill.  It was implied to her that the best option was to take an entry-level separation and then reenter the Air Force in six months.  She chose the option to separate and declined counsel.  She understands that she was separated for academic deficiencies relative to the security forces; however, she is qualified for duty in a different Air Force Specialty Code (AFSC) and intends to enter the Reserves when the correction requested is made.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 22 January 2002 in the grade of airman basic for a period of four years.

On 28 May 2002 the applicant was notified of her commander's intent to initiate discharge action against her for entry-level performance or conduct.  The specific reason was as follows:

On 21 May 2002, she failed Test 1 Version A with a score of 68 percent.  The minimum passing score was 70 percent.  As a result, she received an AETC Form 173, dated 21 March 2002.

On 22 March 2002, she failed to qualify on the M9 handgun, scoring a 21.  The minimum score to qualify was 28.  As a result, she received an AETC Form 173, dated 22 March 2002.

On 25 March 2002, she failed to qualify on the M9 handgun, scoring a 22.  The minimum score to qualify was 28.  As a result, she received an AETC Form 173, dated 25 March 2002.

On 26 March 2002, she failed to qualify on the M16 four times, scoring 12, 11, 14, and 17 respectively.  The minimum score to qualify was 25.  As a result, she received an AETC Form 173, dated 26 March 2002.

On 3 May 2002, she failed Test 4 Version 1B with a score of 55 percent.  The minimum passing score was 70 percent.  As a result, she received an AETC Form 173, dated 3 May 2002.

On 7 May 2002, she failed her re-test of Test 4 Version 1A with a score of 60 percent.  As a result, she received an AETC Form 173, dated 7 May 2002.

On 28 May 2002, the applicant waived her right to counsel and to submit statements in her behalf.

Applicant was discharged on 7 June 2002, in the grade of airman basic with an uncharacterized discharge, under the provisions of AFI 36-3208.  The narrative reason for the discharge was Entry Level Performance and Conduct.  She served 4 months and 16 days of total active military service.  She received an RE code of 2C - Involuntarily separated with an honorable discharge; or entry level separation without characterization of service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP 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 sound discretion of the discharge authority.  The applicant did not submit any new evidence or identify and errors or injustices that occurred in the discharge processing.  She provided no other facts warranting a change in her discharge.  

The evaluation is at Exhibit C.

EXAMINER’S NOTE:  Applicant does not contest the accuracy of the RE code and after reviewing the applicable instruction, AFI 36-2606, it appears the RE code is correct.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 November 2003, a copy of the Air Force evaluation was forwarded to the applicant 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.	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 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 her 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 her 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, her narrative reason for separation should be corrected to accurately reflect the circumstances of her separation.  In view of the foregoing, we recommend the applicant’s records be corrected by deleting the words “and conduct” from her 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 desire to reenlist in the service, her RE code should be changed to “3K.”  The Board believes she should be afforded the opportunity to apply for a waiver to enlist in the armed services.  Whether or not she is successful will depend on the needs of the service and our recommendation in no way guarantees that she will be allowed to return to the Air Force or any branch of the service.  Therefore, we recommend her RE code be changed to “3K” (Secretarial Authority).

_________________________________________________________________

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 on 7 June 2002 and to show that at the time of her discharge on 7 June 2002, she was issued a Reenlistment Eligibility (RE) code of “3K.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-03251 in Executive Session on 11 December 2003, under the provisions of AFI 36-2603:

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

   Exhibit A.  DD Form 149, dated 23 September 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRSP, dated 22 October 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 7 November 2003.

				

AFBCMR BC-2003-03251

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 her DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 7 June 2002 and to show that at the time of her discharge on 7 June 2002, she was issued a Reenlistment Eligibility (RE) code of “3K.”