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AF | BCMR | CY2014 | BC 2014 00536
Original file (BC 2014 00536.txt) Auto-classification: Approved
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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s Reentry Code.  After thoroughly reviewing the 
evidence of record and the applicant’s 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 applicant’s 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 applicant’s 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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