RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-03701

XXXXXXXXXXXXXX	COUNSEL: NONE
	
 	HEARING REQUESTED: YES	

APPLICANT’S REQUEST

The reentry code on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed making him eligible to reenlist.

APPLICANT’S CONTENTIONS

He failed to successfully complete his required technical school training requirements.  He feels he should have been given an opportunity after failing out of his initial Air Force Specialty (AFS) to pursue another career field.  He feels now that he is older and more mature, he would be a great asset to the Air Force.  He feels the skills he would receive from the Air Force if allowed to reenlist, would help him become a better man.  He was just made aware of the process to appeal his separation which is why he is just applying. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air Force airman first class (E-3).

On 2 Nov 05, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant entered the Regular Air Force.

On 5 Apr 07, the applicant’s commander recommended he be honorably discharged for “Unsatisfactory Performance,” failure to progress in on-the-job training (OJT), in accordance with AFI 36-3208, Administrative Separation of Airmen.  
 
On 5 Apr 07, according to AETC Form 125A, Record of Administrative Training Action, dated 7 Mar 07, the applicant’s commander stated, the reason for this action is, the applicant was academically self-eliminated from his AFS technical school for failing to successfully  progress academically.  

On 8 Apr 07, in a memo dated 5 Apr 07, the applicant acknowledged receipt of the discharge recommendation and waived his rights to counsel and his right to submit a statement.   

On 13 Apr 07, the Chief, Administrative Discharge Branch found the case legally sufficient and recommended the applicant be honorably discharged without probation and rehabilitation.   

On 16 Apr 07, the discharge authority concurred with the recommendation of the Chief, Administrative Discharge Branch and directed the applicant be discharged.  

On 10 May 07, according to the DD Form 214, the applicant was honorably discharged and was credited with 9 months and 10 days of active service.  His separation code and corresponding narrative reason for separation is JHJ, Unsatisfactory Performance, with a 2C reentry code.  

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

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-3208, Administrative Separation of Airmen. Airmen should be discharged when their unsatisfactory performance or conduct shows they are not qualified for service with the Air Force.  Performance in the Air Force includes, but is not limited to, work done as assigned duties, military training, bearing, and behavior.  It necessarily includes the member's continuing responsibility for maintaining the high standards of personal behavior and conduct required of military members at all times.  Airmen may not be discharged under this provision:  If they are in entry level status.  Unsatisfactory performance in entry level status is a basis for discharge under Section 5D. Until they have been counseled about their deficiencies and have a chance to overcome them.  Airmen are subject to discharge for unsatisfactory performance based on documented failure to meet Air Force standards.  Commanders must weigh an airman's conduct, military deportment, and duty performance against those airmen of like grade, age, and length of service.  While unsatisfactory performance may be due to one flaw in a member's abilities, it is shown as a rule, in more than one way.  When this is the case, the recommendation for discharge for unsatisfactory performance should cite all the deficiencies that were not overcome by counseling and rehabilitation.  One or more of the following may be used as the basis for discharge under this provision: Failure to progress in military training required to be qualified for service with the Air Force or for performance of primary duties.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.  On 10 May 07, the applicant received an involuntary discharge with a narrative reason for separation of unsatisfactory performance, with an honorable character of service after serving 9 months and 10 days of service.  His reentry code is 2C and is based on his involuntary separation with an honorable character of service.  There is no evidence of an error or injustice in reference to applicant’s reentry code based on the documentation provided by the applicant and analysis of the facts.   

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 18 Apr 22 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the recommendation of AFPC/DP2SSM and finds 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 of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  While the applicant asserts a date of discovery within the three-year limit, the Board does not find the assertion supported by a preponderance of the evidence.  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2021-03701 in Executive Session on 30 Jun 22:

Panel Chair 
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 12 Nov 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSM, dated 30 Mar 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 18 Apr 22.

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