RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03465
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reentry (RE) and separation codes be changed to allow his return to the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He twice inquired about being reclassified and was denied on both occasions.

In support of his appeal, the applicant provides extracts from his military personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he enlisted in the Regular Air Force on 10 Apr 07. 

On 25 Jul 07, the applicant was notified of his commander's intent to recommend his separation for entry level performance or conduct for failure to make satisfactory process in a required training program.  Specifically, he was academically eliminated from the Aerospace Ground Equipment (AGE) Apprentice Course for failing Blocks II and III tests with scores of 64, 60, 55, and 65 percent, respectively.  The minimum passing score was 70 percent.  He consulted legal counsel but waived his right to submit statements in his own behalf.  The proposed action was found legally sufficient and on 6 Aug 07, the discharge authority approved his entry level separation.

Applicant was separated on 7 Aug 07 under the provisions of AFI 36-3208 (Entry Level Performance and Conduct), with uncharacterized service and assigned an RE of 2C (Involuntarily separated with an entry level separation without characterization of service) and a separation code of JGA.  He was credited with 3 months and 28 days of total active service. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial indicating the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and he provided no facts warranting a change to his reentry and separation codes.

According to AFPC/DPSOS, 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 that 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.

A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.

AFPC/DPSOA recommends denial indicating the applicant’s RE code of 2C is correct, and there is no error or injustice.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant indicates he entered the Air Force to better himself and defend his country.  However, his hopeful career was cut short because of his academic deficiency in his technical training.  He tried his best, but was unable to pass the AGE course.  He requested to be reclassified but was denied the opportunity.  Eventually, he was separated from the Air Force.  Prior to his separation, he was advised he would be able to reenter the military with his RE and separation codes.  However, he was further advised by a recruiter that his codes indicated he was separated for disciplinary reasons.  He asks the Board to give him another chance to fulfill his dream of military service.

Applicant’s complete submission is at Exhibit E.

_________________________________________________________________

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 RE code of 2C be changed.  We note the Secretary of the Air Force has statutory authority to promulgate rules and regulations governing the administration of the Air Force.  In the exercise of that authority, the Secretary has determined that members separated from the Air Force would be furnished an RE code predicated upon the quality of their service and circumstances of their separation.  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.  As a result, he was assigned an RE code of 2C.  It appears the applicant’s RE code was appropriately assigned and accurately reflected the circumstances of his separation, and, we find no evidence to indicate the assigned RE code was in error.  In view of the foregoing, and in the absence of evidence to the contrary, we conclude that no basis exists to recommend favorable action on the applicant’s request that his RE code of 2C be changed.

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.  It appears to us 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 his required training program, we find no evidence of misconduct.  Therefore, in order to correct the injustice of improperly labeling him, 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.

_________________________________________________________________

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 7 Aug 07.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2007-03465 in Executive Session on 12 Feb 08, 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 15 Oct 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOA, dated 15 Nov 07, w/atchs.
     Exhibit D.  Letter, SAF/MRBR, dated 14 Dec 07.
     Exhibit E.  Letter, applicant, dated 28 Dec 07.