AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2007-02310
			INDEX CODE:  110.02
								COUNSEL:  NONE
							HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

1.  His separation code of "JKN" which denotes "Misconduct" and his reenlistment eligibility (RE) code of “2B” which denotes "Separated with a General or under-other-than-honorable-conditions (UOTHC) discharge" be changed to allow him to enlist in the United States Air Force (USAF) or the USAF Reserves (USAFR).

2.  Block 15a (Member contributed to post-Vietnam Era Veterans' Education Assistance Program) on his DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from "No" to "Yes".

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APPLICANT CONTENDS THAT:

While he was in basic training, he contributed 1,200 dollars to the Montgomery GI Bill (MGIB).  He makes no contention why his RE code should be changed.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 24 March 1999.

On 26 July 2001, he was notified by his commander that he was recommending him for discharge for minor disciplinary infractions under the provisions of AFPD 36-32, Air Force Military Training and AFI 36-3208, Administrative Separation of Airmen, chapter 5, paragraph 5.49, Minor Disciplinary Infractions.

The specific reasons for this action were:

On 21 June 2000, he received a Letter of Counseling (LOC) for reporting to duty out of uniform.

On 24 July 2000, he received a LOC for reporting to work 30 minutes late.  

On 17 August 2000, he received an Letter of Reprimand (LOR) for reporting to work 30 minutes late.  

On 30 August 2000, he received a LOC for neglecting to pay his Deferred Payment Plan (DPP) bill on time.

On 15 September 2000, he received an LOR for not reporting to work as directed, neglecting his responsibilities, and making a false official statement to an officer in the USAF.

On 2 November 2000, he received an LOR for being late for a scheduled class, causing him to miss his initial chemical warfare class a second time.

On 9 November 2000, he received an LOR for failing to go to his appointed place of duty.

On 18 January 2000, he received an LOR for failing to report to work on time.

On 8 Feburary 2001, he received an LOR for not immediately reporting to work during a recall.

On 26 March 2001, he received an LOC for charging into an office, without any respect, while non-commissioned officers were engaged in a conversation.

On 13 April 2001, he received a Record of Individual Counseling (RIC) for leaving his dump truck running unattended.  In addition, he did not sign off the AF Form 1806, Vehicle Inspection Card, as he was required to do.

On 23 April 2001, he received a speeding ticket for going 11 miles per hour (MPH) over the speed limit in base housing.

On 29 May 2001, he received an LOR and an Unfavorable Information File (UIF) was established for taking college courses while he was in upgrade training even though he had been directed not to take any classes until he completed his Career Development Course (CDC).

On 22 June 2001, he was punished under Article 15, Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty.

On 1 July 2001, he received an LOR for failing to obey a direct order to not log on to any computer in the shop while performing his extra duty.

On 4 July 2001, he received an LOR for failing to go to his appointed place of duty.  

After being advised of his rights, he submitted statements on his own behalf.

On 7 August 2001, the case was reviewed by the base legal services and found to be legally sufficient to support the discharge.  

On 9 August 2001, the discharge authority approved the separation and ordered a general service characterization and no opportunity for probation and rehabilitation.

On 14 August 2001, he received a general (under honorable conditions) discharge in the grade of airman.

He served 2 years, 4 months and 20 days on active duty.

On 6 August 2007, HQ AFPC/DPPAT provided the applicant a letter to ensure he understood the purpose of the Block 15a entry in his records and the consideration that must be made before his DD Form 214 was changed.  DPPAT stated Block 15a of the DD Form 214 pertains to individuals with Veterans Education Assistance Program (VEAP) benefits.  It states this option was only available for individuals who entered service between 1 January 1977 and before 1 July 1985.  His date of entry was 24 March 1999 and his records reflect on 5 April 1999, he elected to participate in the MGIB because of this, block 15A does not require correction.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states the applicant's commander notified him that he was recommending his discharge for minor disciplinary infractions.  The applicant acknowledged the commander's intent and submitted a statement on his behalf.  DPPAE finds no evidence of error or injustice; nor did the applicant submit evidence of any.  

The complete DPPAE evaluation, with attachments, is at Exhibit C.

AFPC/DPPRS recommends denial.  DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  In addition, the discharge was within the sound discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in his discharge processing.  

The complete DPPRS evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded by providing a letter from the Nevada State Apprenticeship Council, a Diploma and several certificates of recognition/commendation.

The applicant's complete response, with attachments, is at 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 waive the failure to timely file.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing the applicant’s separation code and RE code.  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.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

4.   The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

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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-2007-02310 in Executive Session on 27 November 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 October 2006, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  AFPC/DPPAE Letter, dated 13 August 2007, w/atchs.
    Exhibit D.  AFPC/DPPRS Letter, dated 20 August 2007.
    Exhibit E.  SAF/MRBR Letter, dated 5 October 2007.
    Exhibit F   Applicant's Response, w/atchs.