RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02416
COUNSEL: NONE
HEARING DESIRED: YES
APPLICANT REQUESTS THAT:
1. His narrative reason for separation be changed from
unsatisfactory performance to reduction in force or separation
authorized by HQ USAF.
2. His separation code (SPD) be changed from JHJ
(unsatisfactory performance) to JCC (reduction in force) or JHF
(failure to complete course action).
APPLICANT CONTENDS THAT:
1. He was unfairly discharged instead of being reclassified.
2. His narrative reason for separation and SPD code should
reflect reduction in force instead of unsatisfactory
performance.
3. The fact he is unable to serve again because he failed tests
is an injustice. Air Force policy dictates that airmen will be
given an opportunity to overcome their deficiencies, but he was
not. He was advised that he would be able to be reclassified,
but was instead discharged without being given an opportunity to
overcome his deficiencies.
4. Air Force policy dictates a commander must weigh the
airmans conduct, military deportment, and duty performance
against those other airmen. He was discharged without
consideration given to his entire record. While on active duty
there were no disciplinary actions against him.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 20 Jun 12, the applicant commenced his enlistment in the
Regular Air Force.
The applicants commander notified him that he was recommending
his discharge from the Air Force for failure to progress in
military training. The specific reasons for the discharge
action was that on or about 14 Jan 13 and 12 Feb 13, the
applicant failed his A+ Essentials examination, scoring 613 and
616 when a score of 675 was required to pass. On 14 Feb 13, the
applicant was academically eliminated from his technical
training. The applicants commander noted in the recommendation
for discharge that he initially recommended the applicant for
reclassification into another career field, however; under the
AF/A1PT and 2 AF/CC FY13 reclassification/end strength guidance,
reclassification was no longer an option and discharge was
deemed to be in the best interest of the Air Force.
Furthermore, since reclassification cases are approved based on
Air Force needs, he did not recommend the applicant for
probation and rehabilitation.
On 12 Mar 13, the applicant acknowledged receipt of the action,
consulted legal counsel, and elected to submit a statement on
his behalf.
On 13 Mar 13, the case was found legally sufficient and the
discharge authority directed the applicant be honorably
discharged without probation and rehabilitation the same day.
On 15 Mar 13, the applicant was furnished an honorable discharge
and was credited with nine months and four days of active
service.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial, indicating there is no evidence of
an error or an injustice. The applicant failed two critical
examinations on two separation occasions. He had 28 days
between the examinations to prepare himself to successfully
complete the examination. A passing score was mandatory to
progress in the class, thus, the applicant was eliminated from
the course. He was precluded from retraining into another
career field due to end strength requirements. The
documentation in the applicants master personnel records
indicates the discharge, to include the type of separation,
separation code, narrative reason for separation, and character
of service, was appropriately administered and was within the
discretion of the discharge authority. The applicant has not
provided any evidence or identified any error or injustices that
occurred in the discharge processing.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant questions whether failing a test twice is a reason
to bar reentry for military service. While it appears his
discharge was processed in accordance with the governing
instruction, he believes the process should be reviewed for
inconsistencies. He was told during his out processing that
since he received an honorable discharge he could reenlist in
six months. He did not know what the codes meant until he went
to reenlist. He asks that consideration be given to the entire
basis for his discharge which was mostly based on the
reclassification denial and to meet end strengths and budgetary
constraints.
The applicants complete response, with attachments, is at
Exhibit D.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to
demonstrate the existence of an injustice. The applicant argues
that his separation for unsatisfactory performance is unjust
when his commander supported his retention and reclassification
and that it is unfair that he is forever barred to serve for
failing two tests, when his record of performance is otherwise
strong. After a thorough review of the evidence of record and
the applicants complete submission, we agree. We note the
applicant has not presented any evidence to indicate an error
occurred during the request for reclassification or discharge
processes. Based on the available evidence of record, it
appears the applicants was honorable discharge for
unsatisfactory performance was consistent with the substantive
requirements of the governing instructions and within the
commanders discretionary authority. He has provided no
evidence which would lead us to believe his separation was
improper or contrary to the provisions of the governing
directive, or the narrative reason for separation and or the
separation code issued were erroneous or inappropriately
assigned. Nevertheless, consideration of this Board is not
limited to evaluating the events that precipitated the
discharge. In this respect, it may base its decision on matters
of equity and justice, rather than simply on whether rules and
regulations, which existed at the time of the discharge, were
followed. Under this broader mandate and after careful
consideration of the applicants record of service and his
commanders unequivocal support of his retention, we believe it
would be in the interest of justice to correct the applicants
record so that he may once again apply for enlistment. Whether
or not he is successful will be based on the needs of the
service, provided he is otherwise qualified. Therefore, we
recommend the applicants records be corrected as indicated
below.
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 RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that at the
time of his discharge on 15 March 2013, the narrative reason for
his discharge was Secretarial Authority, with a Separation
Program Designator (SPD) code of KFF.
The following members of the Board considered AFBCMR Docket
Number BC-2013-02416 in Executive Session on 14 Oct 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 13 Dec 13.
Exhibit D. Letter, SAF/MRBR, dated 17 Jan 14.
Exhibit E. Letter, Applicant, 31 Jan 14, w/atchs.
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