RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02210

	XXXXXXX	COUNSEL:  No

	XXXXXXX	HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of "2C" be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He still wants to serve his country.  He was told that he was not allowed to be reclassified in Technical School.  He had an opportunity for another job because the Air Force was over manned.  He wants a fair shot at making a life and a career in the Air Force.  He has spoken with his local Air National Guard Unit and was told that they can use him.  He just needs his RE code.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic on 18 November 2003 for a period of 4 years.  He was separated from the Air Force on 20 May 2004 under the provisions of AFI 36-3208, Administrative Separation of Airmen (entry level performance and conduct) with an uncharacterized entry-level separation and an RE code of 2C which denotes "Involuntarily separated with an honorable discharge; or entry level separation without characterization of service."  He served 6 months and 3 days on active duty.  

On 3 May 2004, his commander notified him that he was recommending an entry-level discharge because he failed to make satisfactory progress in required training program.  He failed Block 3 and 6 examinations with scores of 65% and 60%, respectively.  Minimum passing score is 70% and efforts to improve his performance met with negative results.  

On 17 February 2004, he received counseling for dereliction in the performance of his duties in that he failed to complete assigned outlines.  

On 18 March 2004, he received a Letter of Counseling for failure to go at the time prescribed to his appointed place of duty.

On 19 March 2004, he received counseling for dereliction in the performance of his duties in that he willfully failed to show proper customs and courtesies to a noncommissioned officer by talking during counseling.

On 22 March 2004, he received counseling for failing to comply with the standards of conduct during mandatory study.

On 5 April 2004, he received counseling for dereliction in the performance of his duties in that he willfully failed to follow proper safety precautions in the lab.

On 7 April 2004, he received a Letter of Reprimand for dereliction in the performance of his duties in that he willfully failed to refrain from wearing jewelry in the lab.

On 3 May 2004, the applicant acknowledged receipt of the notification for discharge and after consulting with legal counsel submitted a statement on his own behalf.  

On 17 May 2004, the base legal office reviewed the case and found it legally sufficient to support an uncharacterized entry-level separation.  The discharge authority approved the discharge and directed that the applicant be discharged with an uncharacterized entry-level separation.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial and states that based on the documentation in the file, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within sound discretion of the discharge authority.  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 service, it would be unfair to the member and the service to characterize their limited service.  Therefore, his uncharacterized service is correct and in accordance with Department of Defense and Air Force instructions. 

The AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 30 July 2004, for review and comment within 30 days.  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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice that would warrant corrective action.  Evidence has not been provided in support of his appeal, which would lead us to believe that a change to his RE code is warranted.  We took notice of his complete submission in judging the merits of this case; however, we do not find his assertions sufficiently persuasive to override the rationale provided by the Air Force.  Absent persuasive evidence that the applicant was denied rights to which he was entitled or that the appropriate standards were not applied during his discharge processing, we find no compelling basis to recommend granting the relief sought in this application 

_________________________________________________________________

THE BOARD DETERMINES THAT:

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

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2004-00752 in Executive Session on 13 Oct 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jul 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 28 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.