RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04108
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation, marginal performer
assigned to organizational unit, be changed to not reflect him
as a marginal performer.
________________________________________________________________
APPLICANT CONTENDS THAT:
He failed his upgrade test and does not think he should be
labeled as a marginal performer. In 2009, when he was
considered for promotion he was told he could not be promoted
because of his DD Form 214, Certificate of Release or Discharge
from Active Duty. He should not continue to be punished for his
childhood infractions.
In support of his request, the applicant provides a copy of his
DD Form 214.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 July 1980.
On 1 July 1982 he was notified of his commanders intent to
discharge him from the Air Force for marginal performance.
Specifically, his presence created an administrative burden to
the organization due to minor military and disciplinary
infractions. He received a 7 on his Airman Performance rating,
he was late for work, he disappeared from his duty section and
he was in possession of marijuana. The applicant acknowledged
his commanders intent and noted that he did not wish to be
retained in the Air Force. He spoke with defense counsel,
however, he did not submit matters on his behalf. On 20 July
1982, the Staff Judge Advocate found the discharge legally
sufficient. On 21 July 1982, the commander approved the
discharge.
He was honorably discharged on 26 July 1982. His narrative
reason for separation was listed as marginal performer assigned
to organizational unit. He was credited with 1 year, 11 months
and 27 days of active duty service.
Pursuant to the Boards request, the Federal Bureau of
Investigation, Clarksburg, West Virginia provided a copy of an
investigation report (Exhibit C).
On 14 February 2012, the FBI investigation and a request for
post-service information were forwarded to the applicant for
response within 30 days. As of this date, no response has been
received by this office (Exhibit D).
________________________________________________________________
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 find no evidence of an error or injustice
that occurred during the discharge process. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
Based on the applicants stated request, it appears he believes
he has a general (under honorable conditions) discharge.
However, his DD Form 214 clearly indicates his service was
characterized as honorable. Regarding his narrative reason for
separation, the applicant has provided no evidence, which would
lead us to believe the narrative reason for separation was
improper or contrary to the provisions of the governing
regulation and we are not persuaded by the evidence before us it
should be changed on the basis of clemency. Therefore, in the
absence of evidence to the contrary, we find no basis upon which
to recommend granting the relief sought.
________________________________________________________________
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-2011-04108 in Executive Session on 27 March 2012,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Oct 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. FBI Investigative Report.
Exhibit D. Letter, SAF/MRBC, dated 14 Feb 12.
Panel Chair
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