RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04905 XXXXXXX COUNSEL: NONE HEARING DESIRED: YES ______________________________________________________________ APPLICANT REQUESTS THAT: 1. His Reentry (RE) code 2C, which denotes "Involuntarily separated with an honorable discharge; or entry level separation without characterization of service," be changed to allow his reentry in the military. 2. His separation code of JHJ, which denotes, “Unsatisfactory Performance,” be changed to JKN, which denotes, “Misconduct (Minor Infractions).” ________________________________________________________________ APPLICANT CONTENDS THAT: He was not given adequate time to formally appeal his discharge. His separation code was issued in error; and is not valid because it is based upon failure to progress or complete technical training. Instead, his discharge should have been for minor infractions. He has since been exonerated and has no civilian criminal record. The applicant provides no documents in support of his request. His complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 22 Jun 2010, the applicant enlisted in the Regular Air Force. On 15 Dec 2011, the applicant received an Article 15, nonjudicial punishment under the Uniform Code of Military Justice for underage drinking. His punishment consisted of a suspended reduction to the grade of Airman (Amn, E-1) and a reprimand. On 21 Sep 2012, the applicant was discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen, for unsatisfactory duty performance. The specific reason for his action is reflected in the Legal Review of Administrative Discharge Action at Exhibit B. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in this Record of Proceedings. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOR recommends denial of the applicant’s request to change his separation code from JHJ to JKN. However, DPSOR states that while the separation code of JHJ is correctly reflected on his DD Form 214, his narrative reason for discharge, “Convenience of the Government” is incorrect and should be changed to reflect “Unsatisfactory Performance.” AFI 36-3208, paragraph 5.26.3 states airmen are subject to discharge for unsatisfactory performance for failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties. The applicant failed three objectives while enrolled in the Tactical Air Control Party Apprentice Course. He received counseling on several occasions and was afforded ample opportunity to overcome his deficiencies. Moreover, while not a basis for the discharge, he received an Article 15 for underage drinking. He was removed from the course and was not recommended for reclassification consideration. The basis for his discharge was his unsatisfactory duty performance, not misconduct. Therefore, an honorable service characterization was appropriate. A review of his records reveal there was an error in his narrative reason for separation. His narrative reason for separation was incorrectly entered on his DD Form 214. Since he was separated for “Unsatisfactory Performance,” the DD Form 214 should have reflected a narrative reason for separation of "Unsatisfactory Performance" and not "Convenience of the Government." This does not infer his separation from the Air Force was unjust or improper; rather the narrative reason for separation entered on his DD Form 214 was incorrect. DPSOR recommends that his narrative reason for separation be changed from “Convenience of the Government” to “Unsatisfactory Performance.” The complete DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request to change his RE code to a “1.” DPSOA states that on 28 Aug 2012, his commander approved his involuntary discharge with an honorable character of service for failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties. He received an erroneous RE code of 2C, when he should have received an RE code of 3A, which denotes "First-term Airman [involuntarily separated] (entry-level) for inability to satisfactorily progress in a required training program without characterization of service; or a first-term Airman [involuntarily separated] for failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties.” The applicant wants his RE code changed to a “1.” However, the only “1” RE code a member can separate with is “1J,” which denotes "Eligible to reenlist but elects separation.” It is clear the applicant was not selected for reenlistment by his commander, since it was his commander who initiated his involuntary discharge. Therefore, DPSOA recommends the Board direct his RE code be changed to 3A. The complete DPSOA evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 17 Jun 2013, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, this office has received no response 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 an error or an injustice to warrant changing his narrative reason for separation. While we note that DPSOR recommends changing his narrative reason for separation from “Convenience of the Government” to “Unsatisfactory Performance,” we do not believe it is appropriate to take an action that could conceivably be detrimental to the applicant. As such, we disagree with their recommendation and find no basis to disturb the record. With respect to this request to change his RE code to allow his reentry in the military, we note that DPSOA has adequately addressed his request and we are in agreement with their recommendation. Therefore, other than the administration correction by DPSOA, we find no basis to recommend granting the relief sought in this application. 4. Sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting partial relief. We note that the OPR states that the RE code reflected on his discharge documents inaccurately reflects “2C” and should be corrected to reflect “3A.” Therefore, we agree with the recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision the applicant has been the victim of an error or injustice to warrant changing his RE code to “3A.” Additionally, during deliberation, we noted that his DD Form 214 reflected his character of service as “Under Honorable Conditions.” However, based on the evidence of record, the discharge authority actually approved an honorable discharge. Accordingly, we recommend the applicant's records be corrected to reflect that he was honorably discharge with an RE code of 3A. 5. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 21 Sep 2012, he was honorably discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen, with a reentry code of 3A. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 20 Aug 2013 and 15 Nov 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered in AFBCMR BC-2012- 04905: Exhibit A. DD Form 149, dated 16 Oct 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 2 May 2013. Exhibit D. Letter, AFPC/DPSOA, 4 Jun 2013. Exhibit E. Letter, SAF/MRBR, dated 17 Jun 2013. Panel Chair