AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00579
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty be corrected to reflect:
1. The separation program designator (SPD) code of JHF
(Failure to complete a course of instruction), rather than HMJ
(Unsuitability – Apathy, Defective Attitude, Inability to Expend
Efforts Constructively).
2. The narrative reason for separation as “Failed to meet
course standards,” rather than “Unsuitable Apathy, Defective
Attitude - Board Waiver).”
_________________________________________________________________
APPLICANT CONTENDS THAT:
At the time of his separation he did not understand the negative
impact of the separation code and narrative reason for
separation. If he had understood the negative impact of his
separation code and narrative reason for separation, he would
have sought counsel. He was young and naïve. He believes the
inaccuracies on his DD Form 214 may hinder future employment
opportunities.
In support of his request, the applicant provides a copy of his
DD Form 214.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 27 Aug 79, the applicant contracted his enlistment in the
Regular Air Force.
On 8 Apr 80, the applicant’s commander notified him that he was
recommending his discharge from the Air Force for unsuitability,
apathy and defective attitude, or inability to expend effort
constructively. The specific reasons for the discharge action
were the applicant received numerous counseling’s, memorandums
regarding his behavior, appearance, and defective attitude toward
training and learning. He was also disenrolled from the aircraft
maintenance course and was not recommended for promotion.
His commander advised him of his rights in this matter. On
10 Apr 80, the applicant acknowledged receipt of the notification
and, after consulting with legal counsel, submitted a conditional
waiver of his right to an administrative discharge board
contingent upon his receipt of an honorable discharge.
On 8 May 80, the legal office reviewed the case and found it
legally sufficient and recommended the discharge authority accept
the applicant’s conditional waiver, and that he be furnished an
honorable discharge.
The discharge authority concurred with the findings and
recommendations and directed the applicant be furnished an
honorable discharge without probation and rehabilitation. He was
discharged on 8 May 80 and credited with 8 months and 12 days of
active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial noting the 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 or narrative reason for separation.
Furthermore, based on the documentation on file in the master
personnel records, the discharge, to include the applicant's
characterization of service, was consistent with the procedural
and substantive requirements of the discharge manual and was
within the discretion of the discharge authority.
The complete AFPC/DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 27 Apr 12, for review and comment 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
information
of
post-service
activities
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 office of primary responsibility
and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice.
Based on the available evidence of record, it appears the
applicant’s honorable discharge for unsuitability was consistent
with the substantive requirements of the discharge regulation and
within the discharge authority’s discretion. He has provided no
evidence which would lead us to believe his discharge was
improper or contrary to the provisions of the governing
directive, or the SPD code and narrative reason for separation
issued in conjunction with it were erroneous or inappropriately
assigned. Therefore, in the absence of evidence to the contrary,
we conclude that no basis exists to upgrade the applicant’s UOTHC
discharge. In the interest of justice, we also considered
upgrading on the basis of clemency; however, he has not provided
sufficient
and
accomplishments for us to conclude that his discharge should be
upgraded based on this basis. Therefore, in the absence of
documentation concerning his post-service activities, we find no
basis to recommend granting the relief sought in this
application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-00579 in Executive Session on 6 Sep 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 12, w/atch.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, 23 Apr 12.
Exhibit D. Letter, SAF/MRBR, dated 27 Apr 12.
Panel Chair
Member
Member
Panel Chair
3
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