RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01562
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code “2C” (Involuntary separated with an honorable
discharge; or entry level separation without service characterization
of service) and his separation code, “JHJ” (Unsatisfactory
performance) be changed to allow him to enter the Air National Guard.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was having marital problems and custody issues over his children.
He was not focused on his career like he should have been. Through
the years he has grown and matured. He believes he owes his country
more years of service and would like the opportunity to give back and
serve his country.
In support of his request, the applicant provided documents extracted
from his military records.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 Jan 86, the applicant contracted his initial enlistment in the
Regular Air Force. He was progressively promoted to the grade of
senior airman having assumed the grade effective and with a date of
rank of 27 Jan 89.
On 29 Jan 91, his commander notified him that he was recommending his
discharge from the Air Force for unsatisfactory performance. The
specific reasons for the discharge action were:
a. On 24 May 90, he received a Record of Individual
Counseling (RIC) for failing to complete his Career Development Course
(CDC) Volume Review Exercises (VREs).
b. On 24 Oct 90, he was placed in the commander
Evaluation/Study Program for CDC course exam failure.
c. On 30 Nov 90, he received a RIC for failing to complete
CDC exercises.
d. On 3 Jan 91, his noncommissioned officer status (NCO) was
vacated after failing his course exam a second time.
His commander advised the applicant of his rights in this matter. He
acknowledged receipt of the notification and after consulting with
legal counsel waived his right to submit statements in his own
behalf.
On 1 Feb 91, the legal office reviewed the case and found it legally
sufficient to support separation and recommended the applicant be
discharged with an honorable discharge without probation and
rehabilitation.
On 5 Feb 91, the discharge authority directed discharge with an
honorable discharge without probation and rehabilitation.
He was discharged on 6 Feb 91. He served 5 years and 10 days on
active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA provided an overview of the facts surrounding his discharge
and recommends denial of his request to change his RE code.
AFPC/DPSOA’s complete evaluation is at Exhibit C.
AFPC/DPSOS recommends denial of his request to change his separation
code. DPSOS states based on the documentation in the applicant’s
master personnel records, his discharge was consistent with the
procedural and substantive requirements of the discharge regulation
and within the discretion of the discharge authority. He has not
provided any evidence or identified any errors or injustices that
occurred in the discharge process. He provided no facts warranting a
change to his separation code.
AFPC/DPSOS’s complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant 25
Jul 08 for review and response 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 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
the Air Force offices of primary responsibility and adopt their
rationale as the basis for our decision that the applicant has failed
to sustain his burden of proof of the existence of either an error or
an injustice. Therefore, in view of the above and 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 AFBCMR Docket Number BC-
2008-01562 in Executive Session on 16 Sep 08 under the provisions of
AFI 36-2603:
Mr. Joseph D. Yount, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Richard K. Hartley, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2008-01562 was considered:
Exhibit A. DD Form 149, dated 20 Apr 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 1 Jul 08.
Exhibit D. Letter, AFPC/DPSOS, dated 1 Jul 08.
Exhibit E. Letter, SAF/MRBR, dated 25 Jul 08.
JOSEPH D. YOUNT
Panel Chair
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