RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00536
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be corrected as follows:
a. Item 26 - Separation Code, which currently reflects
JHJ (Unsuitability Reasons Unknown/Unsatisfactory
Performance) be changed to a more appropriate code.
b. Item 27 - Reentry Code (RE), which currently reflects
2C (Involuntarily separated with an Honorable discharge; or
entry level separation without characterization of service.) be
changed to reflect 1M (Eligible to reenlist, Second Term or
Career Airmen not yet considered under the SRP. (Do not separate
Airman with this RE code)) to facilitate reentry into the
service.
c. Item 28 - Narrative Reason for Separation, which
currently reads Unsatisfactory Performance be changed to a
more appropriate reason.
APPLICANT CONTENDS THAT:
His separation code JHJ, which reflects unsuitability due to
unsatisfactory performance is unjust. His record does not
reflect any bad performance. This code also attaches an unknown
reason for discharge.
He discovered that the components in question have caused delay,
hindrance and potential disqualification for federal employment.
His conduct while serving in the Air Force was honorable and at
no time did he receive any derogatory paperwork like an Article
15 or Letter of Reprimand. There is no supportive data to
reflect his performance was unsuitable.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 28 Jul
99.
On 15 Feb 00, the applicant while in technical training failed
to meet the minimum standard of 70% on a written test. He
scored a 48%. He was directed to receive two hours of
Specialized Individual Assistance (SIA) and scheduled to retake
the test on 17 Feb 00.
On 17 Feb 00, the applicant failed to meet the minimum standard
of 70% on his second attempt. He scored a 42%.
On 23 Feb 00, the applicant failed to meet the minimum standard
of 70% on his third attempt. He scored a 52%. In preparation
for this third test, the applicant received SIA every duty day
at the rate of one hour per day, totaling four hours. As a
result of the unsatisfactory performance, the applicant was dis-
enrolled from technical training on 8 Mar 00.
On 4 Apr 00, the applicant was notified by his commander he was
recommending him for discharge for unsatisfactory performance
under the provisions of AFPD 36-32, Military Retirements and
Separations, and AFI 36-3208, Administrative Separation of
Airmen, Chapter 5, paragraph 5.26.1 with a recommendation for an
Honorable discharge.
On 14 Apr 00, the Staff Judge Advocate reviewed the discharge
action and found it legally sufficient. The discharge authority
approved the discharge with a service characterization of
Honorable. He decided probation and rehabilitation was not
appropriate in this case.
On 20 Apr 00, the applicant was honorably discharged with a
narrative reason for separation as unsatisfactory performance
and corresponding SPD code of JHJ. He was credited with 8
months and 20 days of active duty service.
The remaining relevant facts pertaining to this application are
contained in the memorandums prepared by the Air Force offices
of primary responsibility (OPR), which are attached at Exhibit C
and D.
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denial indicating there is no evidence of
an error or an injustice. The applicant was given every
opportunity to improve his performance; however, he failed his
exam three times. The applicants discharge to include the
Separation Program Designator code, narrative reason for
separation and character of service was appropriately
administered and within the discretion of the discharge
authority.
A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.
AFPC/DPSOA recommends denial indicating there is no evidence of
an error or an injustice. The applicants current RE code 2C
accurately captures his involuntary discharge with an Honorable
character of service.
A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 19 Sep 14 for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice with regard
to the applicants Reentry Code. After thoroughly reviewing the
evidence of record and the applicants complete submission in
judging the merits of the case, we agree with the opinion and
recommendation of AFPC/DPSOA and adopt its rationale as the
basis for our conclusion that the applicant has not been a
victim of an error or injustice. Therefore, in the absence of
evidence to the contrary, we find no basis to recommend granting
the requested relief.
4. Notwithstanding the decision above, the majority of the
Board determined sufficient relevant evidence has been presented
to demonstrate the existence of an injustice warranting a change
in the applicants Narrative Reason for Separation and
corresponding Separation Program Designation Code. After
reviewing the applicant's submission and the evidence of record,
the Board majority is persuaded that a measure of relief is
warranted to more appropriately identify the circumstances
surrounding his separation. Although we find the discharge
action taken against the applicant was in accordance with the
applicable instruction, we believe the narrative reason for his
discharge; i.e., unsatisfactory performance, serves as an
injustice. In that regard, we note there is no evidence that
the applicant was afforded an opportunity to reclassify in much
the same way other Airmen in this same career field are afforded
as a result of academic failures. While we note AFPC/DPSOR
recommends denial, we are persuaded by the applicants account
that it would be an injustice for him to continue to suffer the
adverse effects of his narrative reason for separation.
Therefore, the Board majority recommends his records be
corrected to show his narrative reason for separation with
corresponding separation code as Secretarial Authority.
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air
Force relating to the APPLICANT be corrected to show that his DD
Form 214, Certificate of Release or Discharge from Active Duty,
issued on 20 April 2000 be corrected to reflect a narrative
reason for separation as Secretarial Authority and separation
program designation code of JFF.
The following members of the Board considered AFBCMR Docket
Number BC-2014-00536 in Executive Session on 10 Feb 2015 under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
By unanimous vote, the Board members recommend denial to change
the Reentry code. By a majority vote, the Board recommended to
grant the Narrative Reason for Separation and Separation Code.
Mr. XXXXXX recommends denial and submits a minority report at
Exhibit F.
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2014-00536 was considered:
Exhibit A. DD Form 149, dated 5 Feb 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOR, dated 20 Mar 14.
Exhibit D. Memorandum, AFPC/DPSOA, dated 14 May 14.
Exhibit E. Letter, SAF/MRBR, dated 19 Sep 14.
Exhibit F. Minority Report, dated 25 Feb 15.
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