RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03049 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Report of Separation from Active Duty, be changed as follows: 1) The reenlistment eligibility (RE) code of 2P (Separated under AFM 39-10 as a marginal performer or to preserve good order and discipline) be changed to 2B (Separated with other than an honorable discharge), or a code deemed appropriate by the AFBCMR. 2) The authority and reason for his discharge be changed to match his RE code. _________________________________________________________________ APPLICANT CONTENDS THAT: He was never absent without leave (AWOL) or a deserter dropped from the rolls as his RE code states. He was assigned to the training section and was under constant review; therefore, it would have been impossible for him to have gone AWOL. He requested separation from the Air Force and received an honorable discharge. He recently learned what the military codes on his DD Form 214 stood for when he looked on-line. The authority and reason given was “AWOL-Deserter Dropped from Rolls,” a condition he could not have achieved during his three weeks at Basic Military Training (BMT). These errors are preventing him from receiving services from the Department of Veteran Affairs. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 6 Jul 76, the applicant entered active duty in the Regular Air Force. On 20 Jul 76, he was notified by his squadron commander that he was recommending his discharge from the Air Force for being a marginal performer, which was substantiated by his Basic Training Record. The Basic Training Record reflects the applicant (1) On 14 Jul 76, failed a Red Inspection (security drawer & clothing drawer) and the reevaluation for the inspection; (2) On 15 Jul 76, while being counseled, he displayed signs of hostility and dislike for authority and the idea of being corrected; and (3) his behavior was described as immature, lacking in self-discipline, and contemptuous. He was referred to the Mental Hygiene Clinic to evaluate his mental state. The Mental Hygiene personnel described him as possessing poor judgment and recommended processing for a limited potential discharge. During subsequent counseling, he displayed no motivation for completing basic training. The applicant acknowledged receipt of the notification of discharge and, waived his right to consult with legal counsel and submit a statement in his own behalf. The base legal office found the case legally sufficient to support the separation. On 23 Jul 76, the applicant received an honorable discharge and was issued a RE code of 2P and a Special Program Designator (SPD) code of “JET” which denotes “Involuntary discharge: marginal or nonproductive performer while assigned to recruit or initial skills training.” He served on active duty for a period of 18 days. In Dec 76, the Air Force Discharge Review Board (AFDRB) considered a similar application. In his application, he requested that his reason for discharge and his RE code be changed. The DRB concluded that the discharge and RE code should not be changed. His case was subsequently considered by the AFBCMR, and was also denied (See Exhibit B). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial of the applicant’s request to change his authority and reason for discharge. DPSOS states that the applicant did not provide any evidence or identify any errors or injustices that occurred in the discharge processing. Based on the documentation on file in the master personnel records, the discharge to include his authority and reason for separation was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The applicant apparently believes there is information within his discharge record that reflects he was discharged from the Air Force for being AWOL. DPSOS confirmed that the separation code of “JET” correctly reflects his reason for discharge, i.e., “Marginal Performer.” His abilities, personality and aptitude made him a marginal performer. Further, attempts to rehabilitate him were met with negative results. In addition, a mental evaluation stated that there was no evidence of mental illness. The evaluation also stated that in the opinion of the evaluators, he demonstrated an inability to perform at the standards set for him, showed poor judgment, and repeatedly failed to pass inspections. His defective attitude, mannerisms towards his instructors and negative attitude caused hostile reactions from other airmen in his flight. His training record indicated a lack of self-discipline and self-confidence towards training. His discharge as a marginal performer was warranted. The complete DPSOS evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request for an RE code change. The applicant’s RE code “2P” is the correct code for his involuntary honorable discharge for being a marginal performer. The complete DPSOA evaluation, with attachment, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 26 Mar 13, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit E). _________________________________________________________________ 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 agree with the opinions and recommendations 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. 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 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-2012-03049 in Executive Session on 30 Apr 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Jun 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 27 Aug 12. Exhibit D. Letter, AFPC/DPSOA, dated 28 Sep 12, w/atch. Exhibit E. Letter, SAF/MRBC, dated 26 Mar 13.