RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04905
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  YES

______________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Reentry (RE) code 2C, which denotes "Involuntarily 
separated with an honorable discharge; or entry level separation 
without characterization of service," be changed to allow his 
reentry in the military.

2.  His separation code of JHJ, which denotes, “Unsatisfactory 
Performance,” be changed to JKN, which denotes, “Misconduct 
(Minor Infractions).”

________________________________________________________________

APPLICANT CONTENDS THAT:

He was not given adequate time to formally appeal his discharge. 
His separation code was issued in error; and is not valid 
because it is based upon failure to progress or complete 
technical training.  Instead, his discharge should have been for 
minor infractions.  He has since been exonerated and has no 
civilian criminal record.

The applicant provides no documents in support of his request.

His complete submission is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 22 Jun 2010, the applicant enlisted in the Regular Air Force.

On 15 Dec 2011, the applicant received an Article 15, 
nonjudicial punishment under the Uniform Code of Military 
Justice for underage drinking.  His punishment consisted of a 
suspended reduction to the grade of Airman (Amn, E-1) and a 
reprimand.

On 21 Sep 2012, the applicant was discharged under the 
provisions of AFI 36-3208, Administrative Separation of Airmen, 
for unsatisfactory duty performance.  The specific reason for 
his action is reflected in the Legal Review of Administrative 
Discharge Action at Exhibit B.

The remaining relevant facts pertaining to this application are 
contained in the letters prepared by the appropriate offices of 
the Air Force.  Accordingly, there is no need to recite these 
facts in this Record of Proceedings.

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THE AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial of the applicant’s request to 
change his separation code from JHJ to JKN.  However, DPSOR 
states that while the separation code of JHJ is correctly 
reflected on his DD Form 214, his narrative reason for 
discharge, “Convenience of the Government” is incorrect and 
should be changed to reflect “Unsatisfactory Performance.” 

AFI 36-3208, paragraph 5.26.3 states airmen are subject to 
discharge for unsatisfactory performance for failure to progress 
in military training required to be qualified for service with 
the Air Force or for performance of primary duties.  The 
applicant failed three objectives while enrolled in the Tactical 
Air Control Party Apprentice Course.  He received counseling on 
several occasions and was afforded ample opportunity to overcome 
his deficiencies.  Moreover, while not a basis for the 
discharge, he received an Article 15 for underage drinking.  He 
was removed from the course and was not recommended for 
reclassification consideration.  The basis for his discharge was 
his unsatisfactory duty performance, not misconduct.  Therefore, 
an honorable service characterization was appropriate.

A review of his records reveal there was an error in his 
narrative reason for separation.  His narrative reason for 
separation was incorrectly entered on his DD Form 214.  Since he 
was separated for “Unsatisfactory Performance,” the DD Form 
214 should have reflected a narrative reason for separation of 
"Unsatisfactory Performance" and not "Convenience of the 
Government."  This does not infer his separation from the Air 
Force was unjust or improper; rather the narrative reason for 
separation entered on his DD Form 214 was incorrect.  DPSOR 
recommends that his narrative reason for separation be changed 
from “Convenience of the Government” to “Unsatisfactory 
Performance.”

The complete DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends denial of the applicant’s request to 
change his RE code to a “1.”  DPSOA states that on 28 Aug 2012, 
his commander approved his involuntary discharge with an 
honorable character of service for failure to progress in 
military training required to be qualified for service with the 
Air Force or for performance of primary duties.  He received an 
erroneous RE code of 2C, when he should have received an RE code 
of 3A, which denotes "First-term Airman [involuntarily 
separated] (entry-level) for inability to satisfactorily 
progress in a required training program without characterization 
of service; or a first-term Airman [involuntarily separated] for 
failure to progress in military training required to be 
qualified for service with the Air Force or for performance of 
primary duties.”  The applicant wants his RE code changed to a 
“1.”  However, the only “1” RE code a member can separate with 
is “1J,” which denotes "Eligible to reenlist but elects 
separation.”  It is clear the applicant was not selected for 
reenlistment by his commander, since it was his commander who 
initiated his involuntary discharge.  Therefore, DPSOA 
recommends the Board direct his RE code be changed to 3A.

The complete DPSOA evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 17 Jun 2013, copies of the Air Force evaluations were 
forwarded to the applicant for review and comment within 
30 days.  As of this date, this office has received no response 
Exhibit E).

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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 an error or an injustice to warrant 
changing his narrative reason for separation.  While we note 
that DPSOR recommends changing his narrative reason for 
separation from “Convenience of the Government” to 
“Unsatisfactory Performance,” we do not believe it is 
appropriate to take an action that could conceivably be 
detrimental to the applicant.  As such, we disagree with their 
recommendation and find no basis to disturb the record.  With 
respect to this request to change his RE code to allow his 
reentry in the military, we note that DPSOA has adequately 
addressed his request and we are in agreement with their 
recommendation.  Therefore, other than the administration 
correction by DPSOA, we find no basis to recommend granting the 
relief sought in this application.

4.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice warranting 
partial relief.  We note that the OPR states that the RE code 
reflected on his discharge documents inaccurately reflects “2C” 
and should be corrected to reflect “3A.”  Therefore, we agree 
with the recommendation of the Air Force office of primary 
responsibility and adopt the rationale expressed as the basis 
for our decision the applicant has been the victim of an error 
or injustice to warrant changing his RE code to “3A.”   
Additionally, during deliberation, we noted that his DD Form 
214 reflected his character of service as “Under Honorable 
Conditions.”  However, based on the evidence of record, the 
discharge authority actually approved an honorable discharge.  
Accordingly, we recommend the applicant's records be corrected 
to reflect that he was honorably discharge with an RE code of 
3A.  

5.  The applicant's 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 issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 21 Sep 
2012, he was honorably discharged under the provisions of AFI 
36-3208, Administrative Separation of Airmen, with a reentry 
code of 3A.

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 20 Aug 2013 and 15 Nov 2013, under the 
provisions of AFI 36-2603:

     , Panel Chair
     , Member
     , Member

All members voted to correct the record as recommended.  The 
following documentary evidence was considered in AFBCMR BC-2012-
04905:

    Exhibit A.  DD Form 149, dated 16 Oct 2012, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOR, dated 2 May 2013.
    Exhibit D.  Letter, AFPC/DPSOA, 4 Jun 2013.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Jun 2013.




                                    
                                   Panel Chair