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 applicants 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
commanders 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 applicants
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 applicants 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. Applicants 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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