RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01763
								INDEX CODE:  110.00
								COUNSEL:  NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  December 4, 2008

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APPLICANT REQUESTS THAT:

Her narrative reason for separation be changed to allow her to be eligible to receive unemployment benefits.

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APPLICANT CONTENDS THAT:

Her narrative reason for separation of “Miscellaneous/General Reasons” as shown on her DD Form 214 is preventing her from receiving her rightful unemployment benefits, and she will not receive them until this is corrected.  

She has been advised that the narrative reason for separation needs to be changed to a valid reason such as “Education”, “Force Reduction”, etc.

In support of her appeal, she has provided copies of her DD Form 214, and numerous documents pertaining to her application for unemployment benefits from the state of Wisconsin.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 13 July 2004 and served as a fire protection journeyman.  She was released from active duty in the grade of airman first class (E-3) on 9 February 2007, under the provisions of AFI 36-3208, Administrative Separation of Airmen, paragraph 3.15 (miscellaneous/general reasons).  Her DD Form 214 reflects a service characterization of “Honorable”, a narrative reason for separation of “Miscellaneous/General Reasons”, a separation code (SPD) of “MND” (Release from Active Duty), and a reentry code (RE) of 3C (First-term airman not yet considered under the SRP).  She did not fulfill her first, full-term of active duty service, and served a total of 2 years, 6 months, and 27 days of net active service.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial as her narrative reason for separation and SPD of “MND” are correct and no corrective action is required.  Although there is no AF IMT 31, Airman’s Request for Early Separation/Separation Based on Change in Service Obligation, on file in her master personnel records, the Military Personnel Data System (MilPDS) indicates that the applicant voluntarily submitted a request for separation under the provisions of AFI 36-3208, Administrative Separation of Airmen, paragraph 3.15 (miscellaneous/general reasons), which was approved with an effective date of 9 February 2007.

Based on the documentation in MilPDS, the separation was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and provided no facts warranting a change to her narrative reason for separation.  

The AFPC/DPPRS evaluation, with attachment, is at Exhibit C.

AFPC/JA recommends denial as the requested relief is not warranted.  According to the evidence presented, the applicant applied for unemployment compensation in Wisconsin after being discharged.  Her military service was determined not to be “federal military service” within the meaning of the statute because she did not complete her first full-term of service or qualify for the exceptions under the statute; e.g., convenience of the government, medical, hardship.  Force Shaping Programs applicable to first-term airmen during this time-period included Date of Separation Rollback, an involuntary separation.  The applicant applied for a voluntary miscellaneous separation which is not a Force Shaping program.

The Unemployment Compensation for Ex-Service-Members Program (UCX) provides benefits for eligible ex-military personnel and is administered by the States as agents of the Federal government.  Federal law specifies when an ex-service-member is entitled to UCX, and an ex-service-member must have either completed the first full-term of active service for which they agreed to serve, or must be separated for the convenience of the Government under an early release program, for medical reasons, because of hardship, or because of personality disorders or inaptitude.  Separations from the Air Force based on those reasons would be detailed on the DD Form 214 as reasons for separation, and for ex-service-members who did not complete their first full term of service, a “Miscellaneous” separation generally would not serve as an exception for qualifying for UCX.

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.  The United States Court of Claims has repeatedly defined an injustice in the context of the BCMR as “treatment by military authorities that shocks the sense of justice.”  The applicant requested a voluntary “miscellaneous” separation and was separated.  The DD Form 214 accurately reflects the basis for separation, and there was no information available or presented by the applicant to demonstrate error or injustice with regard to the separation or separation code.  

The applicant requests the basis for her separation change to “education” or “force reduction, etc.”, but fails to provide any evidence to substantiate a change.  Further, the reason for separation must satisfy the meaning of “federal service” to change UCX eligibility.  Thus, simply changing the narrative to any other reason would not provide the relief sought, and the facts as presented by the record and the application indicate the applicant is not eligible for UCX.

The AFPC/JA evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

At the time of her separation, the “miscellaneous/general” narrative reason for discharge seemed to be the easiest and best choice, as there was more than one she was able to file under.  

Although the request for change is brought about due to the denial of her application for unemployment, she does not want the Board to believe that this is her sole reason for requesting the change.  She states she has come to realize the importance of changing her DD Form 214, not only for unemployment benefits, but also education (college enrollment) and future employment.  Had she realized the importance of the narrative reason for discharge, she would have filed for early separation with her main reason, that being education.  Education was listed among other conflicts of her military career, and was, and still is, her main purpose for separating.

Applicant’s complete response is at Exhibit F.

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In order to provide the relief she seeks, AFPC/JA advises that her reason for separation must satisfy the meaning of “federal service” to change her UCX eligibility, and she has failed to provide any evidence to substantiate her request that the basis for her separation be changed to “education” or “force reduction, etc.”  The applicant voluntarily submitted a request for separation, was subsequently separated prior to completing her first, full-term of active duty service, and her DD Form 214 accurately reflects the basis for separation.  Based on the documentation in MilPDS, the separation was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and provided no facts warranting a change to her narrative reason for separation.    Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2007-01763 in Executive Session on 25 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS , dated 19 Jul 07, w/atchs.
    Exhibit D.  Letter, AFPC/JA, dated 30 Aug 07.
    Exhibit E.  Letter, Applicant, undated
    Exhibit F.  Letter, SAF/MRBR, dated 14 Sep 07.
    .