RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-04614
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed
from unsatisfactory performance to medical discharge.
________________________________________________________________
APPLICANT CONTENDS THAT:
Because he was discharged with a service connected disability
his discharge was honorable, not for unsatisfactory performance.
The Department of Veteran Affairs (DVA) rated his disability at
10 percent. He cant qualify for his full Post-9/11 GI Bill
benefits unless his records show he was honorably discharged.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on
21 Oct 98.
On 17 May 02, the applicant was honorably discharged with a
narrative reason for separation of unsatisfactory performance,
and was credited with 3 years, 6 months, and 27 days of total
active service.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility (OPR) which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of
an error or injustice. On 26 Apr 02, the applicants commander
notified him he was recommending him for discharge from the Air
Force for unsatisfactory performance. Specifically, the
applicant failed his Career Development Course (CDC) examination
on two occasions with scores of 52 and then 59 percent, while
the minimum passing score was 65. The applicant acknowledged
receipt of the notification of discharge and was afforded the
opportunity to consult with counsel and submit a statement on
his own behalf. The base legal office reviewed the case and
found it legally sufficient to support the basis for the
discharge. The discharge authority approved the separation and
directed an honorable discharge without probation and
rehabilitation. The applicant was afforded ample opportunity to
overcome his deficiencies. The applicants records revealed no
error or injustice in the processing of the discharge action and
he has provided no facts warranting a change to his narrative
reason for separation.
A complete copy of the AFPC/DPSOR 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 24 Feb 13 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 of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2012-04614 in Executive Session on 4 Jun 13, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Sep 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOR, dated 11 Feb 13.
Exhibit D. Letter, SAF/MRBR, dated 24 Feb 13.
Panel Chair
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