RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-00918
INDEX CODE: 110.00
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code of 2C (Involuntarily Separated under
AFR 39-10 with an honorable discharge…) and Narrative Reason for Separation
(unsatisfactory performance) be corrected to reflect more favorable codes.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was not counseled on or given a chance to overcome his reason for
discharge. His character of service was "honorable" which means he met the
standards of duty and conduct. His disciplinary infractions were minor.
He was a good airman; however, no rehabilitation or cross-training were
offered. He never received notification of the proposed discharge or
offered legal military counsel [sic]. He was overseas and wanted a
stateside assignment.
He has matured and would like to enlist in military service or obtain
employment within the Department of Defense (DoD).
Applicant submits his DD Form 214, Certificate of Release or Discharge from
Active Duty.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 25 Apr 83. After completion
of Basic Military Training and Technical School, he was assigned duties as
a Law Enforcement Specialist. He was progressively promoted to the grade
of airman first class effective and with a date of rank of 9 Jun 83. He
had one Airman Performance Report (APR) with an overall rating of five out
of a possible nine.
On 12 Jun 84, his commander notified him that he was recommending his
discharge from service for unsatisfactory performance. His specific
reasons were as follows:
1. On 12 Dec 83, he requested separation from service for
miscellaneous reasons.
2. On 17 Jan 84, he was evaluated by the Chief of Mental Health
Services who recommended he be administratively separated from the service
due to problems considered unresolvable within a military environment.
3. On 31 May 84, he received an APR with an overall rating of five
out of a possible nine.
Applicant consulted military counsel and submitted a statement on his
behalf. A review of the case by the Acting Staff Judge Advocate found the
discharge legally sufficient. Applicant was discharged on 17 Jul 84. He
had served 1 year, 2 months and 23 days on active duty.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOA recommends denial. No evidence of error or injustice was
found in the master personnel records or submitted by the applicant.
Applicant requested separation as he was not willing or motivated to remain
on active duty. The RE code of 2C was directed by his commander.
The complete DPSOA evaluation is at Exhibit C.
HQ AFPC/DPSOS recommends denial. Based on the documentation on file in the
master personnel records, the discharge was consistent with the procedural
and substantive requirements of the discharge regulation and was within the
discretion of the discharge authority. Applicant did not submit any
evidence or identify any errors or injustices that occurred in the
discharge processing. He provided no facts warranting a change to his
separation code and narrative reason for discharge.
The complete DPSOS evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 9
May 08 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 error or 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 the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, 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 this application in Executive
Session on 29 Jul 08, under the provisions of AFI 36-2603:
Mr. Joseph D. Yount, Panel Chair
Mr. Elwood C. Lewis III, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered for AFBCMR Docket Number
BC-2008-00918:
Exhibit A. DD Form 149, dated 5 Mar 08.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOA, dated 28 Mar 08.
Exhibit D. Letter, HQ AFPC/DOSOS, dated 29 Apr 08.
Exhibit E. Letter, SAF/MRBR, dated 9 May 08.
JOSEPH D. YOUNT
Panel Chair
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