RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02639
		INDEX CODE:  100.06, 110.00
		
		COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code be changed so that he can enlist in the Navy.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code prevents him from reentering any of the Armed Forces.  He entered the military at the age of 18.  He separated for reasons he thought were right at the time and now realizes they were extremely foolish.  He is now 27 years old, and has grown more mentally and physically since that time.  If his code is changed he will be able to provide a safer and stronger future for his wife and three children.  If he can enlist once again, he would be able to achieve the dream of being a shining example to his family and friends like he had once intended.

In support of his request, applicant provided his personal statement and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 2 Sep 98, in the grade of airman basic (E-1), for a period of four years, as an Aerospace Maintenance Apprentice.

On 19 Feb 99, applicant was notified of his commander’s intent to recommend him for an entry-level separation for failure to make satisfactory progress in a required training program.  Specifically, applicant failed Block II exam, and Block III exam twice with scores of 48%, 66%, and 60% respectively—minimum passing score is 70%.  Efforts to improve his performance were met with negative results.  As a result applicant was disenrolled from his technical training on 18 Feb 99.  

On 19 Feb 99, applicant acknowledged receipt of the notification of discharge and waived his right to consult with legal counsel and to submit statements in his own behalf.  On 1 Mar 99, the discharge authority directed an entry-level separation.

On 3 Mar 99, applicant received an uncharacterized entry-level separation, by reason of entry level performance and conduct, and was issued an RE code of 2C (Entry-level separation without characterization of service).  He served on active duty for a period of six months and two days.  

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS recommends the application be denied, and states, in part, based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.

Applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change to his reenlistment eligibility code.

Airmen are given entry-level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service.  The Department of Defense (DoD) determined if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service.  Therefore, his uncharacterized character of service is correct and in accordance with DoD and Air Force instructions.

The DPSOS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 2 Nov 07, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  To date, a response has not been received.

_________________________________________________________________

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 error or injustice concerning the applicant’s RE code.  The applicant has provided no evidence showing that his assigned RE code is in error or contrary to the prevailing instruction.  The RE code which was issued at the time of applicant’s separation accurately reflects the circumstances of his separation and we do not find this code to be in error or unjust.  We, therefore, conclude that no basis exists upon which to recommend favorable action on his request that it be changed.  

4.  Notwithstanding the above, after reviewing the applicant’s submission and the evidence of record, we are persuaded that some 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 unjust.  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. 

_________________________________________________________________

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 3 March 1999.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-02639 in Executive Session on 21 Dec 07, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to Docket Number       BC-2007-02639 was considered:

    Exhibit A.  DD Form 149, dated 10 Aug 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOS, dated 25 Sep 07.
    Exhibit D.  Letter, SAF/MRBR, dated 2 Nov 07.