RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03112 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be issued DD Forms 256, Honorable Discharge Certificates, for all periods of his enlistments that resulted in discharges for the purpose of immediate reenlistments. _________________________________________________________________ APPLICANT CONTENDS THAT: He received favorable responses on his other requests from the offices of primary responsibility (OPRs) and is very pleased. However, he did not receive a favorable response from AFPC/DPSOY and believes that their reference to the Air Force Instructions is incorrect or is not in compliance with higher authority mandates under Federal Statutes and DoD Instruction, clearly indicate the Services have the option of issuing a DD Form 214 to members discharged from the purpose of immediate reenlistment. The same language is also clear that Services not providing a DD Form 214 will provide a DD Form 256. The text does not provide for options or place time constraints with regard to issuing a DD Forms 256. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s case was administratively closed on 24 Feb 12; however, in a letter dated 12 Jun 12, he requested his case be reopened for the Board to consider issuing him a DD Form 256. AFPC/DPSOY made the following administrative corrections to the applicant’s DD Form 214: a. Block 11 – 9J000 was removed. b. Block 12c/12e – Adjusted lost time. c. Block 13 – Added Armed Forces Expeditionary Medal (Southern Watch). d. Block 14 – All other courses were added. e. Block 18 – Added reissue statement, adjusted continuous service dates. In a letter to the applicant, dated 26 Jan 12, DPSOY states, “Based on AFI 36-3202 (see attached) a 256AF is provided if there is more than 24 hours of previous discharge, a break in service. After review of your records, there is no break in service.” AFPC/DPSIDC verified that the applicant was arrested on 3 Jan 07, pled guilty, and received a general (under other than honorable conditions) discharge effective 10 Oct 08. The applicant’s Primary Air Force Specialty Code (AFSC) was 9A200 with a Duty AFSC of 9J000 (Prisoner), effective 7 Jul 07. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends denying the applicant’s request to have a DD Form 256A issued for each reenlistment. In accordance with the governing instructions, the Air Force does not issue Honorable Discharge Certificates to members who reenlist within 24 hours of their previous discharge. Further, the policy is based on the provisions in DoD Instruction 1336.01, dated 20 Aug 09, which states that issuance of the DD Form 256 for immediate enlistment or reenlistment is optional (at the discretion of the Military Service). The complete DPSOR evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reiterates his request to be issued a DD Form 256 for all periods of enlistments that resulted in a discharge for the purpose of immediate reenlistment. The applicant’s complete submissions, with attachments, are at Exhibit E and G. _________________________________________________________________ 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 error or injustice. In this respect, while we note the opinion and recommendation of the Air Force office of primary responsibility with regard to issuing a DD Form 256; however, it is clear that DoDI 1336.01 specifically states, “… Military Services not providing the DD Form 214 will furnish the Service member a DD Form 256, “Honorable Discharge Certificate,” …” In view of this and since the applicant did not receive DD Forms 214 in conjunction with his discharges for immediate reenlistment, he should be issued DD Forms 256 in accordance with the governing instruction for each period of honorable service that he was discharged for immediate reenlistments. Therefore, we recommend that the records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he be issued Honorable Discharge certificates for his honorable discharges on 27 March 1988, 5 March 1996, 21 January 2001, and 18 January 2005. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-03112 in Executive Session on 16 Apr 13, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. Due to the unavailability of XXX, XXX will sign as Acting Panel Chair. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 7 Jul 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, Applicant, dated 12 Jun 12. Exhibit D. Letter, AFPC/DPSOR, dated 12 Jul 12. Exhibit E. DD Form 149, dated 26 Jul 12, w/atchs. Exhibit F. Letter, SAF/MRBR, dated 20 Aug 12. Exhibit G. Letter, Applicant, dated 28 Jan 13, w/atchs.