RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03566
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His narrative reason for separation (Unsatisfactory Performance)
and the separation code of JHJ be removed or changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was informed numerous times by the legal office that he would
be able to reenlist into another branch with no wait time once
he was discharged.
He was told by a recruiter that based on his separation code
there was a 24 months wait time.
He was given false information and had he been given the correct
information he would have challenged it prior to his separation.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, issued in conjunction with his 14 Jun 13 separation.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 7 Aug 12, the applicant enlisted in the Regular Air Force for
a period of six years.
On 30 May 13, the squadron commander notified the applicant of
administrative discharge action for unsatisfactory performance,
failure to perform assigned duties properly. The basis of the
discharge was the applicants failure to make satisfactory
progress in a required training program. The applicant had four
course failures. He failed his Block III test with a
66 percent, his Block VIII test with 60 percent, his Block
IX progress check with an UNSAT, and his Block X written test
with a 47 percent. He struggled with basic facts and terms
during knowledge testing and struggled with application of the
course material during progress checks. During his ineffective
status, he received 208 hours of course review and was washed
back twice. He received formal counseling for minor misconduct.
After a discussion on the current reclassification guidelines,
the applicant was disenrolled from the course. Then, the
applicant requested separation.
The applicant waived his right to consult with counsel and
submit statements in his own behalf. The staff judge advocate
found the case file legally sufficient and recommended an
honorable discharge, without Probation and Rehabilitation (P&R).
On 7 Jun 13, the discharge authority approved the discharge,
without P&R.
On 14 Jun 13, the applicant was honorably discharged by reason
of Unsatisfactory Performance, and was issued an RE code of
2C which denotes Involuntarily separated with an honorable
discharge; or entry level separation without characterization of
service." He was credited with 10 months and 8 days of active
duty service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOA notes that although the applicant did not request a
change of his RE code, the correct RE code is 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." This is also a
more favorable code for reentry in the military than the 2C.
AFPC/DPSOY will provide the applicant a corrected copy of his
DD Form 214 with an RE code of 3A, unless otherwise directed by
the Board.
The applicant received an erroneous RE code of 2C. The correct
RE code is 3A, based on his inability to satisfactorily progress
in a required training program without characterization of
service.
The applicant wants to enter another branch of service as soon
as possible. Each component of the military determines and
changes their own enlistment guidance as they deem appropriate.
No one other than a recruiter from the branch the applicant is
trying to join can advise him of their current enlistment
eligibility rules.
The complete AFPC/DPSOA evaluation is at Exhibit C.
AFPC/DPSOR recommends denial, stating, in part, the applicant
received counseling on several occasions and was afforded ample
opportunity to overcome his deficiencies. They found no
evidence of an error or injustice in the processing of the
discharge action, nor did the applicant submit any such
evidence. Based on the documentation on file in the master
personnel records, the discharge to include the narrative reason
for separation, separation code, and characterization of service
were consistent with the procedural and substantive requirements
of the discharge instruction and was within the discretion of
discharge authority.
AFI 36-3208, Administrative Separation of Airmen, paragraph
5.26, states that airmen may be discharged if their
unsatisfactory duty performance or conduct shows they are not
qualified for service with the Air Force. Before recommending
discharge the applicant's commander reviewed his academic
performance record and noted he was afforded every opportunity
to progress in his course of instructions. He received formal
counseling for minor misconduct. The applicant was disenrolled
from the course and after a discussion about current
reclassification guidelines, he requested separation. The
discharge record reveals the applicant was counseled and
afforded an opportunity to improve his performance, but was met
with negative results.
The complete DPSOR evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant reiterates his original contentions and provides a
summary of the events which led to his administrative
separation. He notes that he made every attempt to keep up with
his peers. He was devastated about his discharge from the Air
Force and it was his vision and goal to follow in his parents
footsteps who were both in the military.
The applicants complete response, with attachments, is at
Exhibit F.
________________________________________________________________
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 error or injustice. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinions and recommendation
of the Air Force offices of primary responsibility and adopt
their rationale as the basis for our conclusion that relief
beyond that already granted administratively is not warranted.
In view of the above and in the absence of evidence to the
contrary, we find no basis to recommend granting further relief
in this application.
________________________________________________________________
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-2013-03566 in Executive Session on 26 Jun 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03566 was considered:
Exhibit A. DD Form 149, dated 15 Jul 13 w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 13 Nov 13.
Exhibit D. Letter, AFPC/DPSOR, dated 4 Dec 13.
Exhibit E. Letter, SAF/MRBR, dated 20 Dec 13.
Exhibit F. Letter, Applicant, dated 30 Dec 13, w/atchs
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