AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-01753
		INDEX CODE:  110.02
	XXXXXXX				COUNSEL:  NONE
						HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE: 8 DECEMBER 2008

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APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be changed from “2C” which denotes "Involuntarily separated with an honorable discharge; or entry level separation without characterization of service" to an RE code that will allow her to enlist in the United States Air Force (USAF), USAF Reserve or into another branch of military service.

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APPLICANT CONTENDS THAT:

She received her current RE code because of two career development course (CDC) failures.  Her failures were due to lack of on-the-job training (OJT) that should have been provided and documented by her trainers.  She did not receive training by someone in her career field until after her second CDC failure.  She believes test anxiety and going through a divorce at the time were contributing factors.  In addition, there were others with two-time failures who submitted CDC waiver requests that were approved. 

In support of her request, the applicant submits a personal letter, character reference letters and documents extracted from her training record.

The complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 27 September 2000 for a period of four years.  

On 23 June 2003, she was notified by her commander that he was recommending her for discharge for unsatisfactory duty performance under the provisions of AFPD 36-32, Air Force Military Training and AFI 36-3208, Administrative Separation of Airmen, chapter 5, section D, paragraph 5.26.3, Failure to progress in (OJT).

The specific reasons for this action were her failure to obtain a passing score on her CDC examinations.  The applicant had two sets of CDCs to pass with a minimum score of 65%.  On her first attempt with the first set she scored 47%, but passed with 76% on retest, with the second set she scored 50% and on retest she scored 46%.  Having failed twice on the same test, her enrollment was terminated. 

On 27 March 2003, her squadron submitted a request to waive her CDC course to the wing commander.  The commander had the option to waive the CDC, retrain, or separate her.  On 23 May 2003, the wing commander disapproved the CDC waiver request.

On 22 June 2003, the case was reviewed by the base legal services and found to be legally sufficient to support the discharge.  The applicant acknowledged receipt of the notification and that legal counsel had been made available to her. 

On 23 June 2003 the discharge authority directed the applicant be discharged with an honorable discharge.  On 2 July 2003, she was honorably discharged in the grade of airman first class.  

She served two years, nine months and six days on active duty.

The applicant appealed to the Air Force Discharge Review Board (AFDRB) for a change in the narrative reason and RE code. On 2 June 2005, the AFDRB granted partial relief by changing the narrative reason of her discharge to Secretarial Authority; however, her RE code was not changed.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states CDC's are just one portion of OJT/upgrade training.  CDC's are individual, open-book; self paced training volumes with examination testing at the end of each volume.  The applicant did fail the CDC end-of-course on two occasions.  She scored 50% on 30 May 02 and on 16 July 2002, she retested and scored 46%.  The RE Code for such a separation was 2C.  DPPAE states they find no evidence of error or injustice; nor did the applicant submit any evidence.  

The complete DPPAE evaluation, with attachments, 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 31 August 2007 for review and comment within 30 days.  As of 
this date, this office has received no response (Exhibit D).

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicant’s RE code.  We took notice of the applicant’s complete submission in judging the merits of the case, however; we agree with the Air Force office of primary responsibility that the RE code assigned is correct in accordance with established policy.  Therefore we adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.   The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD CONCLUDES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and  the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2007-01753 in Executive Session on 1 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to Docket Number BC-2007-01753 was considered:

    Exhibit A.  DD Form 149, dated 30 May 2007, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPAE Letter, dated 13 August 2007 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 31 August 2007.