RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04108 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His narrative reason for separation, “marginal performer assigned to organizational unit,” be changed to not reflect him as a marginal performer. ________________________________________________________________ APPLICANT CONTENDS THAT: He failed his upgrade test and does not think he should be labeled as a marginal performer. In 2009, when he was considered for promotion he was told he could not be promoted because of his DD Form 214, Certificate of Release or Discharge from Active Duty. He should not continue to be punished for his childhood infractions. In support of his request, the applicant provides a copy of his DD Form 214. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 30 July 1980. On 1 July 1982 he was notified of his commander’s intent to discharge him from the Air Force for marginal performance. Specifically, his presence created an administrative burden to the organization due to minor military and disciplinary infractions. He received a 7 on his Airman Performance rating, he was late for work, he disappeared from his duty section and he was in possession of marijuana. The applicant acknowledged his commander’s intent and noted that he did not wish to be retained in the Air Force. He spoke with defense counsel, however, he did not submit matters on his behalf. On 20 July 1982, the Staff Judge Advocate found the discharge legally sufficient. On 21 July 1982, the commander approved the discharge. He was honorably discharged on 26 July 1982. His narrative reason for separation was listed as marginal performer assigned to organizational unit. He was credited with 1 year, 11 months and 27 days of active duty service. Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia provided a copy of an investigation report (Exhibit C). On 14 February 2012, the FBI investigation and a request for post-service information were forwarded to the applicant for response within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred during the discharge process. Based on the available evidence of record, it appears the discharge was consistent with the substantive requirements of the discharge regulation and within the commander's discretionary authority. Based on the applicant’s stated request, it appears he believes he has a general (under honorable conditions) discharge. However, his DD Form 214 clearly indicates his service was characterized as honorable. Regarding his narrative reason for separation, the applicant has provided no evidence, which would lead us to believe the narrative reason for separation was improper or contrary to the provisions of the governing regulation and we are not persuaded by the evidence before us it should be changed on the basis of clemency. Therefore, in the absence of evidence to the contrary, we find no basis upon which to recommend granting the relief sought. ________________________________________________________________ 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 AFBCMR Docket Number BC-2011-04108 in Executive Session on 27 March 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Oct 11, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. FBI Investigative Report. Exhibit D. Letter, SAF/MRBC, dated 14 Feb 12.