RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00322
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reason for separation be changed so that he may qualify for Montgomery
GI Bill (MGIB) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty,
should state that he was discharged at the request of the government for
not passing the Career Development Courses (CDCs) due to a lack of proper
training. His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 16 Jun 99. He was
progressively promoted to the grade of airman first class, having assumed
that grade effective and with a date of rank of 6 Dec 01. On 22 Feb 02,
applicant was notified by his commander that he was recommending that he be
discharged from the Air Force in accordance with AFPD 36-32 and AFI 36-
3208, paragraph 5.26.3. The specific reason for this action was on 2 Nov
00, he failed his end-of-course (EOC) examination with a score of 64%. He
was allowed to retest, and on 2 Feb 01, he failed the EOC examination again
with a score of 64%. He was advised of his rights in this matter and
acknowledged receipt of the notification on that same date. After
consulting counsel, applicant elected not to submit statements on his own
behalf. In a legal review of the case, the wing staff judge advocate,
found the case legally sufficient and recommended that he be discharged
with an honorable discharge, without probation and rehabilitation. On 22
Mar 02, the discharge authority concurred with the recommendation and
directed that he be discharged without probation and rehabilitation.
Applicant was discharged from the Air Force on 29 Mar 02. He served 2
years, 9 months, and 14 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAT states that the Department of Veterans Affairs (DVA) under Title
38 USC may grant education benefits to a veteran if he or she receives an
honorable discharge and serves a particular amount of active duty. The DVA
may grant benefits to veterans discharged for the same reason as the
applicant if they serve full terms of obligated active duty. The DVA will
not award benefits to the applicant because his discharge reason requires
that he serve a full term of active duty. The applicant may qualify for
benefits if the discharge reason is changed to one that allows benefits
after service of at least 30 months of active duty.
The DPPAT evaluation is at Exhibit C.
AFPC/DPPRS recommends denial. DPPRS states that the applicant's records
clearly indicate he was afforded the necessary time and additional training
prior to disenrollment. He failed the EOC examinations with scores of 64%
on both. His commander considered the possibility of retraining, but the
applicant's duty performance was substandard and his personal interactions
within his work center were problematic. He was recommended for discharge
because of his behavioral problems, failure to respond to extra one-on-one
training for failure to put forth the effort required for improvement. His
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 new evidence or identify any errors that
occurred in the discharge processing. The DPPRS evaluation is at Exhibit
D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 21
Mar 03 for review and comment within 30 days. As of this date, this office
has received no response.
_________________________________________________________________
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 injustice that would warrant changing the
applicant's narrative reason for separation. After a thorough review of
the evidence of record, we find no error in this case and are not persuaded
by his contentions that he has been the victim of an injustice. It is our
opinion that the actions to affect his discharge from the Air Force were
proper, in compliance with the provisions of regulations in effect at the
time, and were the direct result of his inability to meet Air Force
training standards. We agree with the opinions and recommendations of the
Air Force offices of primary responsibility and adopt their rationale as
the basis for our conclusion that the applicant has not been the victim of
an error or injustice. In the absence of evidence to the contrary, we find
no 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 Docket Number BC-2003-00322
in Executive Session on 29 May 03, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. George Franklin, Member
Mrs. Carolyn J. Watkins-Taylor, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jan 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAT, dated 6 Mar 03.
Exhibit D. Letter, AFPC/DPPRS, dated 11 Mar 03.
Exhibit E. Letter, SAF/MRBR, dated 21 Mar 03.
WAYNE R. GRACIE
Panel Chair
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