RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00683
		INDEX NUMBER: A29.00, 110.02

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The narrative reason for her separation be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

She was discharged due to academic deficiencies, as evidenced in her administrative training record.  She was still in the initial training phase and should not have been separated.

In support of the appeal, applicant submits copies of her Student Training Reports and a Record of Administrative Training Action, AETC Form 125A, dated 19 February 2003.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve on 13 June 2002, under the Delayed Enlistment Program (DEP).  She was honorably discharged from the DEP on 14 October 2002, after completing 4 months and 2 days of inactive service.  She contracted her initial enlistment in the Regular Air Force on 15 October 2002.  On 28 February 2003, the commander notified her that she was being recommended for discharge from the Air Force for entry-level performance and conduct.  The bases for the proposed action were that the applicant twice failed her written test, Test 1, Version A, with scores of 60% and 64% -- the minimum passing score was 70%; failed three attempts to meet the minimum qualifying standard on the M16A2 rifle, with scores of 13, 16, and 22 -- the minimum score was 25; and twice failed her written test, Test 3, Version A, with scores of 64% and 56% -- the minimum score was 70%.  On 12 March 2003, she received an uncharacterized entry level separation from the Air Force in the grade of airman basic (E-1), under the provisions of AFI 36-3208 (Entry Level Performance and Conduct), and was issued an RE code of 2K (Has been formally notified by the unit commander of initiation of involuntary separation action) and a separation code of JGA (Entry Level).  She completed 4 months and 28 days of active service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends the application be denied and states, in part, that based upon the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation at that time.  Additionally, the discharge was within the sound 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.

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

A complete copy of the Air Force evaluation was forwarded to the applicant on 26 March 2004 for review and response within 30 days.  However, 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 error or injustice to warrant changing her Reenlistment Eligibility (RE) code and deleting the words “and conduct” from the DD Form 214 issued at the time of her uncharacterized entry-level separation.  After reviewing the applicant’s submission and the evidence of record, we are persuaded that some relief is warranted.  It appears the discharge action taken against her was in accordance with the applicable instruction and we find no evidence that her separation from the Air Force was inappropriate.  However, after reviewing her 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 overly harsh.  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 she may have had problems progressing in the required training program, we have seen no evidence of misconduct.  Therefore, in order to correct an injustice of improperly labeling her, the narrative reason for her separation should be corrected to accurately reflect the circumstances of her separation.  We also note that at the time of her separation, she should have been issued RE code 2C (Involuntarily separated with an honorable discharge, or entry level separation without characterization of service), rather than RE code 2K (Has been formally notified by the unit commander of initiation of involuntary separation action).  In view of the foregoing, we recommend her records be corrected to the extent indicated below.

_________________________________________________________________

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 12 March 2003, and to show that she was issued a Reenlistment Eligibility (RE) code of 2C at the time of her uncharacterized entry-level separation.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2004-00683 in Executive Session on 10 June 2004, 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 24 Feb 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 17 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.

                                   

AFBCMR BC-2004-00683

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 XXXXXXX, XXXXXXX, 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 12 March 2003, and to show that she was issued a Reenlistment Eligibility (RE) code of 2C at the time of her uncharacterized entry-level separation.