RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2005-00421
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  9 AUG 2006

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APPLICANT REQUESTS THAT:

His narrative reason for separation and the corresponding separation code on his DD Form 214 be changed from “Misconduct” to “Convenience of the Government,” and his reenlistment eligibility (RE) code of 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed.

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APPLICANT CONTENDS THAT:

His unblemished military record and his entire discharge revolved around a single regrettable civilian mistake, a misdemeanor assault that he committed on 20 Mar 97.  Aside from this lone offense, he has a clean civilian record.  

The stigma of having “misconduct” as the reason for discharge has adversely affected his ability to find employment.

In support of his appeal, applicant provided a personal statement; a letter from the T---- Child Care Licensing; copies of earnings statements; a letter of employment, dated 24 Mar 00; extracts from his military personnel records (including AF Form 77, tdy orders, and letters of appreciation, awards and other documents); a copy of his Air Force Discharge Review Board case file; a Parent-Child Relationship court order, dtd 23 Jul 04, and other supporting documents.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 22 Mar 95.  He served on continuous active duty and entered his last enlistment on 6 Jul 98.  His highest grade held was senior airman.  The record contains three Enlisted Performance Reports (EPRs) reflecting overall ratings of (oldest to latest): 4, 5, and 4.

The squadron section commander initiated administrative discharge action against the applicant for a civilian conviction.  The reason for the proposed action was that on 13 Mar 00, applicant entered a plea of guilty in the County Court for a Class A Assault (misdemeanor).  Applicant assaulted his wife by pushing and slapping her on 23 Mar 97.

On 3 Apr 00, applicant acknowledged receipt of the discharge notification.  After consulting with counsel, he submitted statements in his own behalf.  On 5 Apr 00, the squadron commander amended his initial recommendation for discharge and recommended the applicant receive a general discharge and that he also be considered for probation and rehabilitation (P&R).  On 10 Apr 00, the staff judge advocate found the case legally sufficient to support discharge and recommended a general discharge, without P&R.  The discharge authority approved a general discharge, but found the applicant was not a suitable candidate for P&R.

On 20 Apr 00, applicant was discharged under the provisions of AFI 36-3208 by reason of Misconduct, with service characterized as general (under honorable conditions), and was issued an RE Code of 2B.  He was credited with 5 years and 29 days of active duty service.

On 11 May 04, the Air Force Discharge Review Board (AFDRB) reviewed all of the evidence of record and concluded that the applicant’s discharge should be changed to an honorable discharge.  The AFDRB denied his request to change his narrative reason for separation.  On 28 May 2004, applicant’s record was administratively corrected to reflect an honorable discharge, with a corresponding RE code of 2C (Exhibit B).

Pursuant to the Board’s request, the Federal Bureau of Investigation, Clarksburg, West Virginia, provided an investigative report reflecting only the assault incident which led to the applicant’s discharge (Exhibit C).

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AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this application and recommended denial. They found that the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, that the discharge was within the sound discretion of the discharge authority.  They also noted that the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing, nor did he provide any facts warranting a change of the narrative reason for discharge and reenlistment eligibility code.  Accordingly, they recommended his records remain the same.

A complete copy of the Air Force evaluation is at Exhibit D.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 Mar 05 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit E).

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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.  After a thorough review of the evidence of record, applicant’s discharge appears to be in compliance with the governing instruction and we find no evidence to indicate that his discharge was inappropriate or that the stated reason for discharge and corresponding separation code are in error or unjust.  Nevertheless, we believe some form of relief is warranted.  We do not condone the behavior which led to the applicant’s discharge; however, it appears that this was a one-time incident.  Despite his domestic problems, his performance reports reflect he continued to perform his duties in an excellent manner and except for the assault incident, his overall record of service was good.  Additionally, the evidence provided in support of his appeal reflects that he has had a successful transition to civilian life as evidenced by his continuing educational accomplishments and his gainful employment as a live-in family teacher in a children’s group home for three years following his discharge.  In view of the foregoing, and noting that the Air Force Discharge Review Board has upgraded the characterization of the applicant’s discharge to fully honorably, we believe it would be an injustice for the applicant to continue to suffer the adverse effects of his narrative reason for discharge.  Therefore, it is our opinion that a change of the narrative reason for separation to “Secretarial Authority,” with the corresponding separation code, is warranted on the basis of clemency.  Accordingly, we recommend applicant’s records be corrected to the extent indicated below.

4.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice in regard to applicant’s request for a change in his RE code.  At the time a member is separated from the Air Force, they are furnished an RE Code predicated upon the quality of their service and the circumstances of their separation.  The assigned code reflects the Air Force’s position regarding whether or not, or under what circumstances, the individual should be allowed to reenlist.  After careful consideration of the evidence provided, we are not persuaded that the amended RE code of 2C is in error or unjust or that an upgrade of the RE code is warranted.  We therefore conclude that no basis exists upon which to recommend favorable action on his request that it be changed.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 20 April 2000, he was discharged under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority), with a Separation Program Designator (SPD) code of “JFF.”

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The following members of the Board considered AFBCMR Docket Number BC-2005-00421 in Executive Session on 23 June 2005, under the provisions of AFI 36-2603:

Chair
Member
Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 15 Jan 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  FBI Report of Investigation.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 22 Feb 05.
     Exhibit E.  Letter, SAF/MRBR, dated 11 Mar 05.

                                   
                                   Chair

AFBCMR BC-2005-00421

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 XXXXXXX, XXXXXXX, be corrected to show that on 20 April 2000, he was discharged under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority), with a Separation Program Designator (SPD) code of “JFF.”

		JOE G. LINEBERGER
		Director
		Air Force Review Boards Agency