RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03622
		INDEX CODE:  112.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

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APPLICANT CONTENDS THAT:

He desires his RE code changed in order to reenter the military.  He indicates that he did not have low performance, bad conduct, or procrastination as noted in his discharge papers.

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

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STATEMENT OF FACTS:

A complete discharge package was not available in the applicant’s military personnel records (MPR); however, the following information was extracted from the Legal Review dated 16 January 2003, and his DD Form 214.

The applicant enlisted in the Regular Air Force on 23 July 2002 in the grade of airman basic for a period of six years.

On 6 January 2003, the applicant was notified of his commander's intent to initiate discharge action against him for entry-level performance or conduct.  Specifically, he failed to make satisfactory progress in a required training program.  The applicant requested to be reclassified from the Explosive Ordinance Disposal (EOD) career field on the first day of formal classroom instruction.  Prior to self-eliminating, the applicant had been briefed several times of the need to self-eliminate prior to the start of class so that the slot would not be permanently forfeited.  On 4 October 2002, the applicant signed a statement acknowledging that if he self-eliminated after the start of class, he would be considered for discharge.

After being advised of his right to consult counsel and to submit statements in his own behalf, the applicant waived his right to counsel and to submit statements in his behalf.

On 16 January 2003, the Deputy Staff Judge Advocate recommended that the applicant be separated from the service with an Entry Level discharge.

Applicant was discharged on 17 January 2003, in the grade of airman basic with an Entry Level Performance and Conduct discharge, under the provisions of AFI 36-3208.  He served 5 months and 25 days of total active military service.  He received an RE code of 2C - Involuntarily separated with an honorable discharge; or entry level separation without characterization of service.

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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.  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 processing.  Additionally, he provided no facts warranting a change in his reason.  He has filed a timely request.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 5 December 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.

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

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 reenter the military, his RE code should be changed to “1J.”  This code provides the applicant the opportunity to apply for enlistment in any branch of the service, without requiring a waiver.  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 “1J.”

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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 17 January 2003 and to show that at the time of his discharge on 17 January 2003, he was issued a Reenlistment Eligibility (RE) code of “1J.”

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The following members of the Board considered AFBCMR Docket Number BC-2003-03622 in Executive Session on 22 January 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 22 October 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRSP, dated 20 November 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 5 December 2003.

				

AFBCMR BC-2003-03622

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 17 January 2003 and to show that at the time of his discharge on 17 January 2003, he was issued a Reenlistment Eligibility (RE) code of “1J.”