RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01732 INDEX CODE: 112.10
COUNSEL:	NONE HEARING DESIRED: NO

APPLICANT REQUESTS THAT:
His narrative reason for discharge, “Unsatisfactory Performance” be removed from his DD Form 214; the Reentry Code (RE) of 2C be changed to a code  which will allow him to reenlist; and completion of the Airman Leadership School (ALS) be included in his record.

APPLICANT CONTENDS THAT:
His commander discharged him because he did not complete ALS; however, his record showed that he had completed ALS and he could have been promoted to staff sergeant.

In support of his application, applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and a transcript from the Air University - Community College of the Air Force.

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

STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 18 January 1996 and was progressively promoted to the grade of senior airman.

On 28 June 2001, the applicant was released from ALS for failure to obey a lawful order or regulation by willfully attempting to turn in someone else's work as his own.

Records revealed that the applicant was tentatively selected for promotion to the grade of staff sergeant during the 2003 E-5 promotion cycle with a promotion sequence number of 200. His selection for E-5 was placed on hold because he had not completed the mandatory phase of professional military education required for promotion.

On 27 June 2003, an ALS Academic Review Board concluded that the applicant should be released from ALS because he failed to comply with academic standards.

The applicant was notified by his commander on 22 August 2003 that he was being recommended for discharge under the provisions of Air Force Instruction (AFI) 36-3208, Unsatisfactory Performance - failure to demonstrate the qualities of leadership required by the member's grade. Specifically, the applicant was released from the Tinker Airman Leadership School (ALS) because on 2 July 2003, he failed to meet academic standards.

The applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel submitted a conditional waiver of his rights to a hearing before an administrative discharge board, which was accepted by the commander. The base legal office reviewed the case and found it legally sufficient to support separation and recommended an honorable discharge without probation and rehabilitation.

On 2 September 2003, the discharge authority approved the separation and directed he be discharged with an honorable discharge without probation and rehabilitation.

On 12 September 2003, the applicant was involuntarily discharged under the provisions of AFI 36-3208, with service characterized as honorable and a separation code of "HHJ" (Unsatisfactory Performance), an RE code of "2C" (Involuntarily separated with an honorable discharge; or entry level separation with characterization of service) in the grade of senior airman. He served 7 years, 7 months and 19 days of total active military service.

AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial of his request to change his narrative reason and states based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge process.

AFPC/DPSOS’s complete evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of his request to change his RE code and states the applicant was not considered nor recommended for continued service.

AFPC/DPSOA's complete evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 25 July 2008, for review and comment. 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, the Board excused the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that his records should be changed. In this regard, we note that the discharge appears to be in compliance with the governing instructions in effect at the time and we find no evidence to indicate that the applicant’s separation from the Air Force was inappropriate. Applicant’s contentions were  duly noted; however, we do not find his assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsbility. In this respect, we note that the applicant was released twice from ALS for failure to meet academic standards. Therefore, we agree with the opinions and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In the absence of persuasive evidence to the contrary, we find no compelling 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 Docket Number BC- 2008-01732 in Executive Session on 13 November 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-01732 was considered:

Exhibit A. DD Form 149, dated 1 May 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 23 Jun 08. Exhibit D. Letter, AFPC/DPSOA, dated 26 Jun 08. Exhibit E. Letter, SAF/MRBR, dated 25 Jul 08.