RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04733
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to change his Separation
Program Designator (SPD) code of JHJ (Involuntary Separation) to
reflect a voluntary separation.
________________________________________________________________
APPLICANT CONTENDS THAT:
While in training for his 5-level, he requested withdrawal from
the IC131 (Air Traffic Control) career field. He was given the
option to request retraining, or separation. He requested
separation, but he was never forced to withdraw from the 1C131
career field or to separate.
In support of his appeal, the applicant provides an expanded
statement.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Based on information in the applicants official military
records, he enlisted in the Air Force on 28 Mar 06.
On 22 Jan 08, the applicants supervisor recommended he be
withdrawn from the 1C131 (Air Traffic Control (ATC)) career
field for his inability to consistently apply the knowledge
necessary to perform at required standards, stating that his
lack of strategic awareness and poor decision making in the
approach position resulted in his failure to progress.
On 20 Aug 08, his commander suspended the applicants Air
Traffic Control System Certificate pending review of withdrawal
actions for Failure to Obtain Rating.
The applicant acknowledged receipt, indicated he agreed with the
action, acknowledged his right to legal counsel, and indicated
his desire to submit a statement.
After reviewing the applicants statement, his commander
recommended his withdrawal for Failing to Progress in Upgrade
Training, and did not recommend he be retained in the Air
Force.
On 31 Dec 08, the applicant was honorably discharged for
Unsatisfactory Performance and was credited with two years, nine
months, and three days of total active service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the office of the Air Force
office of responsibility which is at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial, indicating there is no evidence
of error or injustice. There is insufficient evidence contained
within the applicants military record to confirm the
circumstances and facts surrounding the applicants discharge.
Absent documentation, the presumption of regularity implies the
applicant was afforded due process and the discharge was
consistent with the procedural and substantive requirements of
the discharge instruction. The applicant submitted documents
indicating he was having difficulty in training and some issues
at home with his wife. Since the applicant requested to
withdraw from the Air Traffic Control Program, he was
involuntarily separated for failure to progress in on-the-job
training. The applicant did not submit any evidence or identify
any errors of injustice in the discharge process.
A complete copy of the HQ AFPC/DPSOS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 23 Mar 12 for review and comment 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 an error or injustice. We took
notice of the applicants 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error or injustice.
While we note the applicants contention that he requested
withdrawal from the Air Traffic Control career field, his
official records clearly reflect the reason for his elimination
from upgrade training was lack of situational awareness and
poor decision making, which resulted in his failure to
progress. Subsequent to his failing upgrade training, his
commander did not recommend him for retention in the Air Force.
While personal issues may have factored into leaderships
decision to separate him, the fundamental basis for his
separation was unsatisfactory performance, which resulted in his
involuntary separation as reflected by the SPD code on his
DD Form 214. Therefore, in the absence of evidence to the
contrary, we find no basis to recommend granting the requested
relief.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2011-04733 in Executive Session on 5 Jun 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-04733 was considered:
Exhibit A. DD Form 149, dated 20 Dec 11, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOS, dated 7 Feb 12.
Exhibit D. Letter, SAF/MRBR, dated 23 Mar 12.
Panel Chair
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