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AF | BCMR | CY2014 | BC 2014 03375
Original file (BC 2014 03375.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
	

IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03375

						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His narrative reason for separation of “Failure to Complete a Course of Instruction” and separation code “JHF” (failure to meet course standards) be corrected to reflect the accurate reason for his separation.  


APPLICANT CONTENDS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, does not accurately reflect the reason for his separation.  His discharge record implies that he was unable to academically complete a course; when in fact he was removed from the course and did not fail.  His test scores and simulator sessions were graded high, with no failures.  The reasoning for his discharge is faulty and has negative connotations that are unwarranted.  He was unaware at the time of his discharge that he had the right to challenge the information on his DD Form 214.  

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


STATEMENT OF FACTS:

On 29 May 1995, the applicant was appointed on extended active duty (EAD) in the grade of second lieutenant (O-1).  

By special order, the applicant was scheduled to attend an undergraduate space and missile training course for the period of 5 June 1995 to 14 August 1995.  Upon completion he was to attend a specialized training determined by the Technical Training School for approximately 15 weeks and 4 days.  

On 4 October 1995, according to AFPC/DPPRP, the applicant was disqualified from technical training for unwillingness/refusal to obey orders.  Specifically, the applicant’s convictions clearly precluded him from actively meeting the demands of commissioned service.  His refusal to obey lawful orders, though based on moral reservations, is incompatible with duty in the Armed Forces of the United States.  

On 22 November 1995, a Training Eliminee/Medical Disqualification Worksheet was initiated to determine the applicant’s utilization in another career field or to be separated.  

On 27 November 1995, it was determined that the applicant could not be utilized in another career field.  

On 4 December 1995, AFPC/DPASF recommended the applicant’s separation as a result of the Air Force not presently having a specific requirement to utilize him and their concurrence with his squadron and group commander’s recommendation that he be separated.  

On 18 December 1995, the Secretary of the Air Force ordered the applicant’s appointment as a Reserve officer be terminated and directed an honorable discharge.  

19 January 1996, the applicant indicated he expressed a reservation to his commander of whether or not he could accomplish the job as a missile combat crew officer and he was immediately removed from training.  However, he wished to be retained in the Air Force.  

On 24 January 1996, the Secretary of the Air Force Personnel Council (SAFPC) found insufficient rationale to reverse the decision to terminate the applicant’s appointment and direct an honorable discharge.  

On 25 January 1996, the applicant was honorably discharge, with a narrative reason for separation of “Failure to Complete a Course of Instruction,” with a separation code of JHF.  He was credited with 7 months and 25 days active service.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  


AIR FORCE EVALUATION:

AFPC/DPTS recommends denial.  In accordance with AFI 36-3207, Separating Commissioned Officers, a probationary officer may be involuntarily separated when the “officer does not complete initial skills training and there is no requirement for the officer’s continued service.”  The applicant has provided no documentation to support his claim or that there was an error in his type of separation.  

A complete copy of the AFPC/DPTS evaluation is at Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 February 2015 for review and comment within 30 days (Exhibit D).  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.  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 the applicant has not been the victim of an error or injustice.  Although it is the applicant’s belief that his DD Form 214 reflects an academic failure of a course, it actually indicates he did not complete a course of training.  As such, the separation program designator (SPD) code of “JHF” was appropriate and required in accordance with the governing instruction.  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 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-2014-03375 in Executive Session on 31 March 2015 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member


The following documentary evidence pertaining AFBCMR Docket Number BC-2014-03375 was considered:

	Exhibit A.  DD Form 149, dated 15 August 2014, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, ARPC/DPTS, dated 10 November 2014,  
  w/atchs.
	Exhibit D.  Letter, SAF/MRBR, dated 6 February 2015.

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