RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03020
		
		COUNSEL:  NONE
 
		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for separation, as reflected in Block 28 of his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from 
“Unsatisfactory Performance” to “Hardship.”
________________________________________________________________

APPLICANT CONTENDS THAT:

It has been 20 years since his discharge.  At the time of his discharge, he was working through a hardship dealing with the death of his father which 
occurred on 21 Jun 93.  He was informed by his first sergeant at that time that if he was separated, he could be discharged for hardship and maintain all 
veterans’ benefits with the exception of the Montgomery GI Bill.  Today, he and his family are homeless after selling a home and his current narrative 
reason for separation listed on his DD 214 precludes him from being eligible for a Department of Veterans Affairs (DVA) home loan.

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

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he commenced his service in the Regular Air Force on 9 Dec 91.

On 9 Jun 93, the applicant was notified by his commander of his intent to recommend his discharge for Unsatisfactory Performance—failure to progress in 
on-the-job training, and for Misconduct—Minor Disciplinary Infractions, under the provisions of AFR 39-10, Administrative Separation of Airmen.  The 
reasons 
for the action included twice failing his end of course 
examination, which resulted in his upgrade training being 
terminated, and for continued misconduct which included a 
traffic ticket and incidences of failure to report for duty on 
time and failure to attend mandatory appointments, for which he 
received verbal and written counseling.  

On 10 Jun 93, after consulting with legal counsel, the applicant 
elected to submit statements on his behalf.

On 3 Aug 93, the case was found to be legally sufficient and the 
discharge authority approved the commander’s recommendation the 
same day, directing the applicant’s administrative discharge 
without probation and rehabilitation.

On 12 Aug 93, the applicant was furnished a General (Under 
Honorable Conditions) discharge for Unsatisfactory Performance 
and was credited with one year, eight months, and four days of 
total active service.

A request for post-service information was forwarded to the 
applicant on 25 Feb 14 for review and comment within 30 days.  
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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  We find no impropriety in the characterization of the 
applicant's discharge or the narrative reason for his separation.  Considered alone, we conclude the discharge proceedings were proper and characterization 
of the discharge and narrative reason for separation was appropriate to the existing circumstances.  Consideration of this Board, however, is not limited 
to the events which precipitated the discharge.  In this respect, it may base its decision on matters of equity and clemency rather than simply on whether 
rules and regulations which existed at the time were followed.  Under this broader mandate, and after careful consideration of all the facts and 
circumstances of applicant's case, we are persuaded that it would be in the interest of justice to recommend some form of relief.  While it appears the 
narrative reason for separation was appropriate to the circumstances, in view of the passage of time, we believe the continued stigma of the narrative 
reason for separation of “unsatisfactory performance” is unduly harsh and no longer serves any useful purpose.  Therefore, we recommend correcting the 
applicant’s records to reflect the narrative reason for separation was “Secretarial Authority.”  While this is not the relief the applicant seeks, in our 
view it is proper and fitting.  Therefore, we recommend correcting the applicant’s records to the extent indicated below.
________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the XXXXXXXXXX be corrected to show that his narrative reason for 
separation, issued in conjunction with his 12 August 1993 General (Under Honorable Conditions) discharge, was “Secretarial Authority,” instead of 
“Unsatisfactory Performance.”
________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 2013-03020 in Executive Session on 20 May 14, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 14 June 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFBCMR, dated 25 Feb 14, w/atch.
1 2