RECORD OF PROCEEDINGS

IN THE MATTER OF				DOCKET NUMBER: BC-2017-01946

							COUNSEL: NONE

							HEARING: NO

APPLICANT REQUESTS THAT:

His separation code be changed to completion of service.

APPLICANT CONTENDS THAT:

He completed 2 years of service, and was not given an option to change jobs, his only option was discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class.  

On 30 Oct 96, the applicant was notified of the commander’s intent to recommend the applicant be discharged from the Air Force for failure to progress in on-the-job training.  The reasons for the action include failing to pass his Career Development Course examination twice.

On 31 Oct 96, the applicant acknowledged receipt of the action and elected to not submit a statement on his behalf.

On 5 Nov 96, the discharge action was found legally sufficient and the discharge authority approved the recommendation on 13 Nov 96.  

On 19 Nov 96, the applicant was furnished an honorable discharge, with a Separation Code of JHJ (unsatisfactory performance: service initiated discharge directed by established directive when a member fails to perform duties and assignments satisfactorily), and a Narrative Reason for Separation of unsatisfactory performance.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  

The applicant received numerous counseling sessions, and additional efforts which allowed increased study time.  The commander concluded the applicant failed to respond to these efforts, and did worse on the second examination.  This led to the conclusion that continuing the applicant on active duty in a probationary status was not consistent with good order and discipline.  Since the applicant was discharged prior to completing his required active service the separation code, and narrative reason for separation, are correct as indicated on the DD Form 214.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 8 Mar 18 for comment (Exhibit D), but has received no response. 

THE BOARD CONCLUDES:

1.  The application was not timely file.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2STM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years after the alleged error or injustice was discovered, or should have been discovered, as required by Title 10, United States Code, Section 1552, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery less than three years before the Board’s receipt of the application, the Board does not find the assertion reasonable.  The Board finds the application untimely and concludes it would not be in the interest of justice to excuse the delay.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS:  

The applicant be informed that the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:  

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5., considered Docket Number BC-2017-01946 in Executive Session on 29 May 18:

All members voted not to correct the record.  The panel considered the following regarding AFBCMR Docket Number BC-2017-01946:

Exhibit A:  Application, DD Form 149, w/atchs, dated 7 Apr 17.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.
Exhibit C:  Advisory opinion, AFPC/DP2STM, dated 21 Feb 18.
Exhibit D:  Notification of Advisory, SAF/MRBC to applicant, dated 8 Mar 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.