RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03108 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His separation code of “JEM” (Expeditious Discharge) be changed on his DD Form 214, Report of Separation from Active Duty. _________________________________________________________________ APPLICANT CONTENDS THAT: His separation code on his DD Form 214 indicates he cannot work with others which kept him from obtaining numerous jobs. In support of his appeal, the applicant provides a Department of Veteran Affairs (DVA) statement. The applicant’s complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 28 June 1976, the applicant was notified of his commander’s intent to recommend him for discharge from the Air Force for being a marginal performer and for his negative attitude towards the Air Force. The discharge record reflects the applicant destroyed government property, failed to meet an appointment, and was caught speeding on base. His commander also indicated the applicant displayed an increasing trend toward being minimally productive and as having limited potential. The applicant acknowledged receipt of the notification of discharge, consulted counsel, and waived his right to submit a statement in his own behalf. On 6 July 1976, the discharge authority approved the recommendation to discharge the applicant with an honorable characterization of service. On 9 July 1976, the applicant was honorably discharged with a separation code of “JEM” (Expeditious Discharge). He served one year and seven months on active duty. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states they have confirmed the separation code “JEM” does correctly reflect the applicant’s reason for discharge. Based on the documentation on file in the applicant’s master personnel records, the discharge, to include, the authority and reason, narrative reason for separation, and characterization of service, was consistent with the procedural and substantive requirements of the discharge instruction 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. The compete DPSOS evaluation is at Exhibit C. DPSOA states that per Air Force Regulation 35-16 (the guidance in effect at the time applicant separated), the applicant’s correct Reenlistment Eligibility (RE) code is “2P” (Separated under Air Force Manuel 39-10 as a marginal performer or to preserve good order or discipline) rather than “RE-2” (Conditions barring Reenlistment. AFPC/DPSOY will correct the applicant’s DD Form 214 unless otherwise directed by the Board. The compete DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: All the comments used to describe his separation are false. He has had symptoms of Post Traumatic Stress Disorder (PTSD) since he left the service. The injustice done to him is what made him sick with PTSD. He does not have the resources or the access to military documents; therefore, the Board will just have to take his word for it. The applicant complete rebuttal, with attachments, is at Exhibit F. _________________________________________________________________ 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of AFPC/DPSOS and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice in regard to his separation code. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. We note AFPC/DPSOA has provided an opinion indicating the applicant’s DD Form 214 reflects the incorrect RE code of “RE-2” and will correct it to “2P” upon Board action. We concur with their assessment. _________________________________________________________________ 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-2010-03108 in Executive Session on 7 June 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered for AFBCMR Docket Number BC-2010-03108: Exhibit A. DD Form 149, dated 17 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 18 Jan 11. Exhibit D. Letter, AFPC/DPSOA, dated 28 Jan 11. Exhibit E. Letter, SAF/MRBR, dated 25 Feb 11. Exhibit F. Letter, Applicant, not dated, w/atchs. Panel Chair