RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00544
		INDEX CODE:  110.02

		COUNSEL:  

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility (RE) Code of “2C” and her Narrative Reason for Separation be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She suffered an injustice because she had difficulty understanding the English language.  She could not understand the orders that were given to her causing an uncomfortable situation within her flight.  She wanted to serve in the Air Force despite the fact she spoke and knew very little English.  She received several counselings and a letter of reprimand.  On 17 January 2003, she was given various letters to sign even though she had no idea what she was signing.  Since she was not permitted to read what she was signing she understood that she was being discharged for performance and not for misconduct.

She is currently trying to enlist in the Armed Forces but because of her RE code she is not eligible.  The Army has offered her a job working in Military Intelligence since she has a Bachelor’s degree in Criminology.  

In support of her request, she submits a personal statement, a letter from the Army Recruiting Company, XXXXXX NY, a letter from her language instructor, a copy of her DD Form 214 and a copy of her Congressional inquiry.  Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force in the grade of senior airman (E-3) on 3 December 2002.  Applicant was enrolled in Basic Military Training. 

On or about 27 December 2002, applicant was involved in a physical altercation with another trainee.  For this incident, she received a letter of reprimand.

On 17 January 2003, applicant was notified by her commander that in accordance with AFPD 36-32 and AFI 36-3208, paragraph 5.22.2, he was recommending the applicant be discharged from the Air Force with an entry level separation.  The commander stated the specific reasons for his action was that the applicant’s failure to adapt to the military environment, failure to make satisfactory progress in a required training program, reluctance to make the effort necessary to meet Air Force standards of conduct and duty performance and the lack of self-discipline.  

The applicant was advised of her rights in this matter.  The applicant acknowledged receipt of the notification on that same date and the commander initiated discharge proceedings against the applicant on 17 January 2003.  Applicant waived her right to counsel and to submit statements on her own behalf.

In an undated letter the discharge authority directed that the applicant be discharged from the Air Force with an entry-level separation.  Accordingly, applicant was discharged on 24 January 2003 for “Entry Level Performance and Conduct” with an RE code of 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service.”  She had served 1 month and 22 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states that airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active serve.  The uncharacterized character of service is correct and in accordance with DoD and Air Force instructions due to the applicant’s limited service (see Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 May 2004, a copy of the Air Force evaluation was sent to the applicant for review and comment.  As of this date, this office has not received a response.  

_________________________________________________________________

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 injustice.  After reviewing the applicant’s submission, we are of the opinion that the applicant has provided sufficient evidence to lead us to conclude that following her separation, she has committed herself to improving her English language skills by enrolling in an intensive English training course.  In light of her academic achievement, we believe she should be given the opportunity to apply for enlistment by changing her RE code to “3K”, a waiverable code reserved for use by this Board.  An RE “3” series code will permit her to apply for enlistment.  The United States Army may elect to waiver her ineligibility and allow her to enlist.  The applicant should understand that this RE code change in no way obligates the Army or any of the other Services to accept her for enlistment.  Therefore, we recommend her records be corrected to the extent indicated below.  

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice in the matter of the applicant’s narrative reason for separation.  The applicant has established that because she had difficulty understanding the English language she could not understand the orders that were given to her causing an uncomfortable situation within her flight.  However, the record reveals that efforts to improve her performance met with negative results and she demonstrated on more than once occasion behavioral problems.  The applicant has provided no evidence that would lead us to believe that the counseling statements are in error.  In the absence of any evidence to the contrary and notwithstanding the change we propose to her RE Code, we are not inclined to recommend a change to her reason for separation.  Accordingly, the applicant’s request for a change to her narrative reason for separation is not favorably considered.

________________________________________________________________

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 her discharge on 24 January 2003, she was issued a Reenlistment Eligibility (RE) code of “3K” rather than “2C.”

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 1 July 2004, under the provisions of AFI 36-2603:

All members voted to correct the records as indicated.  The following documentary evidence for AFBCMR Docket Number BC-2004-00544 was considered:

    Exhibit A.  DD Form 149, dated 25 Feb 04 w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 May 04.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.

                                   

AFBCMR BC-2004-00544

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 xxxxxxxxxxxxxx, be corrected to show that at the time of her discharge on 24 January 2003, she was issued a Reenlistment Eligibility (RE) code of “3K” rather than “2C.”