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AF | BCMR | CY2013 | BC-2013-01514
Original file (BC-2013-01514.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-01514

			COUNSEL:  NONE 

			HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His Reentry (RE) code 2C, Approved Honorable Involuntary 
Separation or Entry Level Separation, be changed to allow him to 
return to service.  

2.  His Separation Code JHJ, Unsatisfactory Performance, be 
changed to allow him to return to service.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He is asking to be granted a chance at serving in the military.  
The Air Force will not let him back in because he has less than 
2-years of service and the other branches of service are strict 
on their waivers of these codes.  

In support of his request, the applicant submits a copy of his 
DD Form 214, Certificate of Release or Discharge from Active 
Duty.  

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

________________________________________________________________

STATEMENT OF FACTS:

1.  The applicant enlisted in the Regular Air Force on 
21 October 2008.  

2.  On 9 June 2009, his commander notified him that he was 
recommending him for discharge under the provisions of Air Force 
Policy Directive (AFPD) 36-32, Military Retirements and 
Separations and Air Force Instruction (AFI) 36-3208 
Administrative Separation of Airmen, paragraph 5.26.3. for 
failure to progress in military training required to be 
qualified for service with the Air Force or for performance of 
primary duty.  Specifically, the applicant failed to meet 
academic standards with 3 written exam scores below the minimum 
passing score of 70 percent.  

3.  On 9 June 2009, the applicant acknowledged receipt of the 
commander’s intent to discharge him and waived his right to 
consult counsel and submit statements in his own behalf.  

4.  Subsequent to the file being found legally sufficient the 
discharge authority approved the recommendation and directed 
that the applicant be discharged with an honorable character of 
service.  The applicant was discharged effective 23 June 2009. 
He was credited with serving 8 months, and 3 days of active duty 
service.  

5.  The applicant submitted an appeal for change of his Reentry 
and Narrative Reason for Separation codes to the Air Force 
Discharge Review Board (AFDRB).  He was offered and declined a 
personal appearance before the AFDRB, with counsel.  On 
14 February 2013, the AFDRB found no evidence of impropriety or 
inequity that would warrant an upgrade of his discharge.  The 
AFDRB concluded that the discharge was consistent with the 
procedural and substantive requirements of the discharge 
regulation and was within the discretion of the discharge 
authority and that the applicant was provided full 
administrative due process.  In view of the forgoing findings 
the Board further concluded there was no legal or equitable 
basis for upgrade of discharge, and determined the applicant’s 
discharge should not be changed.  The applicant was advised that 
since his case was denied by the AFDRB he had the right to 
appeal to the Air Force Board for Correction of Military Records 
(AFBCMR).  

______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSO states the applicant 
received counseling on several occasions and was afforded ample 
opportunity to overcome his deficiencies.  They found no error 
or injustices in the processing of the discharge action.  Based 
on the documentation on file in the master personnel records, 
the discharge to include the separation code and reentry code 
was consistent with the procedural and substantive requirements 
of the discharge instruction and was within the discretion of 
discharge authority.  The applicant did not submit any evidence 
or identify any errors or injustices that occurred in the 
discharge processing

The complete AFPC/DPSOS evaluation is at Exhibit C. 

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his appeal the applicant provides a 
written statement expressing that he has a desperate desire to 
serve in the Army Reserve.  He further states he has the 
aptitude and the motivation to serve his country and requests he 
be afforded the chance to do a new job.  

The applicant’s complete response is at Exhibit E.  

________________________________________________________________

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 opinion and recommendation 
of the Air Force office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice. Therefore, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 this application 
in Executive Session on 12 December 2013, under the provisions 
of AFI 36-2603:

		, Panel Chair
      		, Member
		, Member


The following documentary evidence was considered in AFBCMR 
Docket Number BC-2013-01514:

    Exhibit A.  DD Form 149 dated 20 March 2013, w/atch.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOS, dated 19 May 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 19 May 2013. 
    Exhibit E.  Letter, Applicant, dated 7 June 2013. 





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