RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01380
            INDEX CODE:  110.00
            COUNSEL:  NONE
            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Separation Code of JHJ  (Unsatisfactory  Performance)  and  his  reentry
code of 2K (has been formally notified by the unit commander  of  initiation
of involuntary separation action), be changed.

Examiner’s Note:   The  Air  Force  office  of  primary  responsibility  has
identified  the  applicant’s  correct  reentry  code  should  have  been  2C
(involuntarily  separated  with  an  honorable  discharge;  or  entry  level
separation without characterization  of  service).   His  RE  code  will  be
administratively corrected.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He would like his separation and reentry codes changed so that he can  enter
military service as recommended on his Air Education  and  Training  Command
(AETC)  Form  125A,  Record  of  Administrative  Training  Action.   He  has
completed the additional training previously recommended by his commander.

In support of the application, the applicant submits  a  copy  of  his  AETC
Form 125A, a letter of recommendation, and an appointment letter.

The applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 27 Jul 04, the applicant enlisted in the regular Air Force for  a  period
of four years.

On 5 Dec 06, his training squadron  commander  recommended  the  applicant’s
disenrollment from academic training due to several failed block  exams  and
passing one  exam  with  a  score  just  over  the  minimum  passing  score.
Subsequently, the applicant’s commander notified the applicant that  he  was
recommending his separation from the Air Force under the provisions of  AFPD
36-32 and AFI 36-3208, paragraph 5.26.3.  His reason for the action was  the
recommendation the applicant  be  disenrolled  from  his  academic  training
curriculum because of academic deficiency.  Specifically,  he  failed  eight
block tests and the retest for  block  eight.   The  applicant  acknowledged
receipt of the notification and, after consulting  military  legal  counsel,
waived his right to submit a statement in his  own  behalf.   The  commander
thereafter initiated a recommendation for the applicant’s separation.

On 17 Apr 07, the discharge authority approved  the  recommended  separation
and directed the applicant be discharged for the reasons recommended by  his
commander, without the offer of probation and rehabilitation.

On 23 Apr 07, the  applicant  was  discharged  from  military  service.   He
received an honorable discharge with a narrative reason  for  separation  of
“unsatisfactory performance.”  He had served 2 years, 8 months and  27  days
on active duty.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibits C & D.

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AIR FORCE EVALUATION:

HQ AFPC/DPSOA recommends denial of the applicant’s request to change his  RE
code to a waiverable code.  DPSOA states  the  applicant  was  involuntarily
discharged for “Unsatisfactory Performance:  Failure to Progress in  On-The-
Job Training (OJT).”  Members who receive an involuntary discharge  with  an
honorable character of service receive an RE code  of  2C  –  “Involuntarily
separated with an honorable discharge; or  entry  level  separation  without
characterization of service.”

DPSOA opines the recommendation on the applicant’s AETC Form 125A  does  not
guarantee the applicant a return opportunity.  Additionally, the  recruiting
services can process a waiver of the RE code.

The complete DPSOA evaluation is at Exhibit C.

HQ AFPC/DPSOS  recommends  denial.   DPSOS  states  the  applicant  received
counseling  on  several  occasions  and  was  afforded  the  opportunity  to
overcome his deficiencies.  DPSOS declares no errors or  injustices  in  the
processing of the discharge action were found.  Based on  the  documentation
on file in the  master  personnel  record,  the  discharge  to  include  the
characterization  of  service  was  consistent  with  the   procedural   and
substantive requirements of the discharge instruction  and  was  within  the
discretion of the discharge authority.  In addition, the applicant  did  not
submit any evidence or identify any errors or injustices  that  occurred  in
the discharge process.

The complete DPSOS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  9  Oct
09 for review and comment within 30 days.  As of this date, this office  has
received no response (Exhibit D).

_________________________________________________________________

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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopt their rationale as the basis for our  determination
that relief beyond that already granted administratively is not warranted.

_________________________________________________________________

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 in Executive Session on 4  Feb
10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The following documentary evidence was considered in AFBCMR BC-2009-01380:

    Exhibit A.  DD Form 149, dated 28 Mar 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOA, dated 12 May 09.
    Exhibit D.  Letter, HQ AFPC/DPSOS, dated 8 Sep 09.
    Exhibit E.  Letter, SAF/MRBR, dated 9 Oct 09.





                                   Panel Chair