RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00582
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active
Duty, be amended as follows:
1. Item 26, Separation Code JHJ which denotes Unsatisfactory
Performance be changed.
2. Item 27, Reentry (RE) Code 2C which denotes Involuntarily
separated with an honorable discharge; or entry level separation
without characterization of service be changed. (Will be
administratively corrected)
APPLICANT CONTENDS THAT:
He received an honorable discharge and requests that he be
provided more favorable separation and RE codes.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
On 5 Jun 12, the applicant entered the Regular Air Force.
On 22 Oct 13, the applicants commander notified him of his
decision to recommend his discharge from the Air Force In
Accordance With (IAW) AFI 36-3208, Administrative Separation of
Airmen, paragraph 5.26.3 for failure to progress in military
training. The applicant failed Block 1, Unit 3, Version A test
with a score of 67 percent. Additionally, there was other
derogatory information considered but not included as a basis
for the administrative discharge. The applicant was convicted
on 28 Jun 13 by a summary court-martial as to one charge and two
specifications, in violation of Article 92, Uniform Code of
Military Justice (UCMJ). On or about 23 Jul 13 and or about
24 Jul 13, he failed to adhere to the call to quarters by
2200 hours and consumed alcohol within 12 hours prior to duty.
He was sentenced to 20 days restriction to the limits of
Hurlburt Field, FL and was reprimanded.
On 22 Oct 13, the applicant acknowledged receipt of the
discharge notification, his right to consult counsel and submit
statements in his own behalf.
On 5 Nov 13, the Staff Judge Advocate found the discharge
recommendation legally sufficient.
On 25 Nov 13, the discharge authority approved the discharge
recommendation.
On 14 Jan 14, he received an honorable discharge with a RE code
of 2C and a narrative reason for separation of Unsatisfactory
Performance. He was credited with 1 year, 7 months and
10 days of active service.
AIR FORCE EVALUATION:
AFPC/DPSOA states the applicants RE code 2C is erroneous and
will administratively correct his record to reflect RE code 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 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
based on his discharge for inability to progress in military
training. AFI 36-2606, Reenlistment in the USAF, Table 5.3,
note 4, states not to update RE code 2C when the airman was in
initial technical training; the applicant was in initial
technical training.
The complete copy of the DPSOA evaluation is at Exhibit C.
AFPC/DPSOR recommends denial of the request to change his
separation code. The applicants discharge was consistent with
the procedural and substantive requirements of the discharge
instruction and was within the discretion of the discharge
authority. The applicant was given several opportunities to
overcome his deficiencies but efforts by his instructors were
unsuccessful, therefore, the applicant was removed from the
Tactical Air Control Party (TACP) Apprentice Course. Based on
his poor academic and physical performance combined with other
derogatory information in his record, the commander did not
recommend him for reclassification. As a result, the
commanders only other option was to recommend discharge.
Therefore, the separation code and narrative reason for
separation are correct as indicated. Further, the commander
recommended an honorable service characterization and the base
legal office concurred with the recommendation since the primary
basis of the discharge was academic failure and not misconduct.
Therefore, the character of service is correct as indicated on
the applicants DD Form 214.
The complete copy of the DPSOR evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He concurs with the change of his RE code to 3A.
The applicants complete response 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
recommendations of the Air Force offices of primary
responsibility and adopt the rationale expressed as the basis
for our conclusion that the applicant has failed to sustain his
burden of proof that he has been the victim of an error or
injustice. Therefore, aside from the administrative correction
of his RE code to 3A, we find no basis to recommend granting
the additional relief sought 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-2014-00582 in Executive Session on 20 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence in AFBCMR Docket Number BC-
2014-00582 was considered:
Exhibit A. DD Form 149, dated 3 Feb 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 19 Sep 14.
Exhibit D. Memorandum, AFPC/DPSOR, dated 3 Oct 14.
Exhibit E. Letter, SAF/MRBR, dated 17 Oct 14.
Exhibit F. E-mail, Applicant, 17 Nov 14.
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