RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02794
		INDEX CODE:  A29.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 MAR 09

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APPLICANT REQUESTS THAT:

His uncharacterized service be changed to an honorable discharge.

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APPLICANT CONTENDS THAT:

He thought that his service was honorable.  If the Board is not willing to change his uncharacterized service to an honorable discharge, he requests he be provided a letter indicating his service was honorable.  He has applied for a job as a correction officer and his character of service is not sufficient for his employment.

In support of his appeal, the applicant provided copies of a letter from the State of Michigan Department of Civil Service and his separation document.

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

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STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he enlisted in the Regular Air Force on 9 Mar 04.

On 16 Aug 04, the applicant’s commander notified the applicant that she was recommending he be discharged for entry level performance or conduct.  The reason for this action was his failure to make satisfactory progress in a required training program.  Specifically, he failed Block 1A, Block 2B, and Block 3B, with scores of 52 percent, 52 percent, and 62 percent, respectively.  The minimum passing score was 70 percent.  As a result of these failures, he was disenrolled from his technical training on 4 Aug 04.  Prior to disenrollment, he was counseled concerning his academic failures, washed back three times, and received 24 hours of Special Individualized Assistance (SIA).  He also attended Study Skill, Test Taking and Test Anxiety classes.  Efforts to improve his performance met with negative results.  The applicant was advised of his rights in the matter and that an entry level separation would be recommended.

In a legal review of the discharge case file, on 20 Aug 04, the Staff Judge Advocate found the file was legally sufficient and recommended the applicant be separated with an entry level separation.  

On 23 Aug 04, the discharge authority approved the separation action and directed the applicant be furnished an entry level separation.

On 26 Aug 04, the applicant was separated under the provisions of AFI 36-3208 (Entry Level Performance and Conduct) with an entry level separation.  He was credited with 5 month and 18 days of active service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial indicating that based on the documentation in the applicant’s records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  He did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he did not provide any facts warranting a change to his uncharacterized service.

A complete copy of the AFPC/DPPRS evaluation 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 applicant on 14 Oct 07 for review and response within 30 days.  As of this date, no response has been received by this office (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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s request that his uncharacterized service be changed to an honorable discharge.  The evidence of record indicates the applicant was given an entry level separation for entry level performance and conduct based on his failure to make satisfactory progress in a required training program.  Because he was within his first 180 days of active service, he was given an entry level separation with uncharacterized service.  We find no evidence which would lead us to believe that his entry level separation with uncharacterized service was improper or contrary to the governing instruction under which it was effected.  In view of the foregoing, and in the absence of sufficient evidence to the contrary, we conclude that the applicant has failed to sustain his burden of establishing he has suffered either an error or an injustice.  Accordingly, we find no compelling basis to recommend granting the relief sought in this application.

4.  Sufficient relevant evidence has been presented to demonstrate the existence of probable injustice warranting a change in the reason for separation.  As noted above, we believe the separation action taken against the applicant was in accordance with the applicable instruction.  However, after a thorough review of the facts and circumstances of this case, we find the narrative reason for his separation; i.e., entry level performance and conduct, to be overly harsh.  Based on the available evidence, it was the applicant’s academic deficiency that ultimately resulted in his separation, and not any misconduct.  Therefore, in order to correct the injustice of improperly labeling the applicant, his narrative reason for separation should be corrected to accurately reflect the circumstances of his separation.  Accordingly, we recommend the applicant’s records be corrected by deleting the words “and conduct” from his narrative reason for separation.  

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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 as a result of his entry level separation on 26 Aug 04.

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The following members of the Board considered this application in Executive Session on 25 Oct 07, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-02794 was considered:

     Exhibit A.  DD Form 149, dated 27 Aug 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOS, dated 7 Sep 07.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Sep 07.