RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04614 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: The narrative reason for separation on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from “unsatisfactory performance” to “medical discharge.” ________________________________________________________________ APPLICANT CONTENDS THAT: Because he was discharged with a service connected disability his discharge was honorable, not for unsatisfactory performance. The Department of Veteran Affairs (DVA) rated his disability at 10 percent. He can’t qualify for his full Post-9/11 GI Bill benefits unless his records show he was honorably discharged. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 21 Oct 98. On 17 May 02, the applicant was honorably discharged with a narrative reason for separation of “unsatisfactory performance,” and was credited with 3 years, 6 months, and 27 days of total active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice. On 26 Apr 02, the applicant’s commander notified him he was recommending him for discharge from the Air Force for unsatisfactory performance. Specifically, the applicant failed his Career Development Course (CDC) examination on two occasions with scores of 52 and then 59 percent, while the minimum passing score was 65. The applicant acknowledged receipt of the notification of discharge and was afforded the opportunity to consult with counsel and submit a statement on his own behalf. The base legal office reviewed the case and found it legally sufficient to support the basis for the discharge. The discharge authority approved the separation and directed an honorable discharge without probation and rehabilitation. The applicant was afforded ample opportunity to overcome his deficiencies. The applicant’s records revealed no error or injustice in the processing of the discharge action and he has provided no facts warranting a change to his narrative reason for separation. A complete copy of the AFPC/DPSOR 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 24 Feb 13 for review and comment 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 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2012-04614 in Executive Session on 4 Jun 13, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 11 Feb 13. Exhibit D. Letter, SAF/MRBR, dated 24 Feb 13.