RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-03873
		INDEX CODE:  110.00, 112.00,
		             107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  20 June 2006

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APPLICANT REQUESTS THAT:

His under other than honorable conditions (UOTHC) discharge be upgraded and his reenlistment eligibility (RE) code of 2B be changed, and his enlistment be reinstated.

His DD Form 214 be corrected to show Foreign Service in Korea and Panama, reflection of the military education he received while on active duty, and inclusion of the decoration he received.  (By amendment at Exhibit G) his separation document be corrected in Item 18 to show that all of his active duty service was honorable, rather than from 10 September 1990 to 26 August 1999.

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APPLICANT CONTENDS THAT:

He was discharged due to a civilian conviction that included a sentence of more than six months.  He wound up in a state prison system for a term of 12 years for an inappropriate relationship with his stepdaughter.  The only harm from this situation came from the state interfering with and destroying their two lives.

He served honorably from 1989 to 2002 as an Independent Duty Medical Technician.  He was an asset to the Air Force and the civilian community.  He would like to continue to serve his country and believes, given the current situation, experienced medical personnel like himself are needed to protect our troops at home or abroad. 

The DD Form 214 incorrectly reflects information on his foreign service (Block 12f), military education (Block 14), and decorations (Block 11).

In support of the appeal, the applicant submits a personal statement; and, copies of his permanent change of station orders to serve in Korea, a Certificate of Training showing certification he completed the Medical Service Craftsman course, his DD Form 214, and his Community College of the Air Force (CCAF) Associate in Applied Science Degree.  Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant’s records were lost or destroyed.  The following is the only available information pertaining to the applicant’s service and was extracted from the applicant’s separation document.

The applicant entered active duty as an enlisted member of the Regular Air Force on 10 September 1990.  Following training, he performed duties as an Aerospace Medical Service Craftsman and was progressively promoted to the grade of staff sergeant.  He was discharged under other than honorable conditions (UOTHC) under the provisions of AFI 36-3208 because of Misconduct on 9 October 2002.  He had served 12 years and one month on active duty and was credited with 19 days of foreign service.  An RE code of 2B was assigned.  He had been awarded the Air Force Achievement Medal, the Air Force Outstanding Unit Award, the Air Force Good Conduct Medal with two Oak Leaf Clusters (OLCs); the National Defense Service Medal with One Bronze Star; the Humanitarian Service medal, the Air Force Longevity Service Award with two OLCs, the USAF NCO Professional Military Education Graduate Ribbon, and the Air Force Training Ribbon.

HQ AFPC/DPPRSP updated applicant’s DD Form 214 on 9 March 2005 to include his completion of the Medical Service Craftsman Course; however, they advised the applicant CCAF degrees are not included in the Military Education portion of this form.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  They are unable to determine the propriety of the discharge based on the lack of documentation in his master personnel records.  A complete copy of the evaluation is at Exhibit C.

AFPC/DPAPP recommends denial.  There are no source documents confirming any additional Foreign Service.  A complete copy of the evaluation is at Exhibit D.

AFPC/JA states HQ AFPC/DPPRSP has corrected certain aspects of the applicant’s record pertaining to his military education by updating his DD Form 214.  HQ AFPC/DPAPP has corresponded with the applicant about his foreign service and they agree with them that his records should not be changed to show service in either Korea or Panama until he can present documents verifying overseas service.

With regard to the applicant’s request for upgrading his service characterization and reenlistment code, as well as seeking to be reinstated on active duty, they agree with HQ AFPC/DPPRS that his request is inappropriate.  To obtain relief, the applicant must show by a preponderance of the evidence there exists some error or injustice warranting corrective action by the Board.  Aside from making unsubstantiated claims attempting to diminish the severity of his crime of having inappropriate relationships with his minor stepdaughter, the applicant offers no evidence of an improper basis for the administrative discharge itself, its service characterization, or reenlistment code.  They believe the correct action was taken to involuntarily separate the applicant from the Air Force in 2002 under other than honorable conditions and that he should not be reinstated to active duty.  Therefore, they recommend denial of applicant’s request.

A complete copy of the evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 March 2005, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  On 21 April 2005, applicant requested temporary withdrawal of his application.  On 26 April 2005, his case was administratively closed.

On 29 June 2005, The American Legion submitted a letter from the applicant, with additional documents, in support of his application.  In his statement, the applicant reiterates his original contentions and provides additional documents in the form of orders and travel vouchers pertaining to his PCS assignment to Korea.  A copy of the letter, with attachments, is at Exhibit G.

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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 error or injustice in regard to applicant’s request for the credit for Foreign Service.  Based on the documentation provided, we believe that the applicant did serve in Korea.  In this respect, we note the permanent change of station orders providing for his assignment to Korea.  In view of the above, we recommend his records be corrected to the extent indicated below.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting approval of applicant’s remaining requests.  After reviewing the circumstances surrounding applicant’s separation from the Air Force, we are not persuaded that he has been the victim of either an error or injustice.  Therefore, we agree with the opinion and recommendations of the Air Force offices and adopt their rationale as the basis for the 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.

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THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air Force relating to XXXXXX be corrected to show that on 27 January 2000, he was assigned to the 51st Medical Operations (PACAF), Osan ABS, South Korea for twelve (12) months.

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The following members of the Board considered this application in Executive Session on 25 August 2005 and 12 September 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 20 Nov 04, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPRS, dated 10 Jan 05.
	Exhibit D.	Letter, AFPC/DPAPP, dated 8 Feb 05.
	Exhibit E.	Letter, AFPC/JA, dated 21 Mar 05, w/atch.
	Exhibit F.	Letter, SAF/MRBR, dated 25 Mar 05.
	Exhibit G.	American Legion Letter, dated 29 Jun 05, w/atchs.

					

AFBCMR 2004-03873

MEMORANDUM FOR THE CHIEF OF STAFF

	  Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXX be corrected to show that on 27 January 2000, he was assigned to the [numbered] Medical Operations (PACAF), Osan ABS, South Korea for a period of twelve (12) months.