RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03293

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty be corrected to reflect the following:

	a. His Foreign Service time be changed to 1 year, 7 months and 4 days rather than 1 year, 3 months and 7 days. (Administratively corrected to reflect 2 years, 2 months and 11 days).

	b. Remove the Marine Corps Good Conduct Medal and replace with the Selected Marine Reserve Medal (Administratively Corrected).

	c. Joint Meritorious Unit Award with two Bronze Oak Leaf Clusters (JMUA w/2BOLCs) (Administratively corrected). 

d. Block 23, Type of Separation, should read “Involuntary Separated” rather than “Resignation.”  

APPLICANT CONTENDS THAT:

He did not resign his commission, he was involuntarily separated due to a Force Shaping Board (FSB).

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

STATEMENT OF FACTS:

On 8 Dec 08, the applicant was appointed a first lieutenant in the Reserve of the Air Force.  

On 10 Jan 09, the applicant was ordered to Extended Active Duty (EAD).  

According to a Headquarters Air Force Legal Operations Agency memorandum, dated 27 Aug 14, the applicant was notified by his commander that he was considered, but not selected for retention by a Force Shaping Board.  As a result of his selection for separation, a mandatory Date of Separation (DOS) of 31 Dec 14 was established.  The applicant acknowledged receipt of the FSB notification and fact sheet.  

On 31 Dec 14, the applicant was honorably discharged with a narrative reason for separation of Reduction in Force (RIF).  He was credited with 7 years, 6 months and 5 days of total active service.  

According to special order PC-00703, dated 24 Feb 15, on 1 Jan 15, the applicant was appointed a captain in the Reserve of the Air Force. 

On 29 Dec 15, AFPC/DPAPP notified the applicant that after a review of his official military record and the documentation provided, they were able to verify and confirm boots on ground foreign service time in Afghanistan, from 24 Jan 11 to 22 Jul 11, for 5 months and 29 days; Osan Air Base, Republic of Korea, from 30 Jul 12 to 2 May 13, for 9 months and 3 days; Afghanistan, from 15 Jun 13 to 23 May 14, for 11 months and 9 days, for a total combined total Foreign Service of 2 years, 2 months and 11 days.  They were unable to confirm any Foreign Service time in Iraq.

According to the applicant’s DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, dated 31 May 16, Item 13 was corrected to change the "Joint Meritorious Unit Award with 1 Oak Leaf Cluster" to the “Joint Meritorious Unit Award with two Bronze Oak Leaf Clusters" and the "Marine Corps Good Conduct Medal" was changed to the "Select Marine Corps Reserve Medal."  Item 12f was change from "01 Year, 03 Months, 07 Days" to "02 Years, 02 Months, 11 Days."

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPRs), which are attached at Exhibits C and D.    

AIR FORCE EVALUATION:

AFPC/DP2SP recommends the Marine Corps Good Conduct Medal be removed from the applicant’s DD Form 214, dated 31 Dec 14, as his DD Form 214 issued by the United States Marine Corps does not indicate he earned this award.  Award of the Selected Marine Corps Reserve Medal is verified.  

Based on a review of the applicant’s official military personnel record, DPS2SP was able to determine that the JMUA w/2BOLC should have been awarded during the applicant’s service from 10 Jan 09 to 31 Dec 14 and was not reflected in his records.  

A complete copy of the AFPC/DP2SP evaluation is at Exhibit C.

AFPC/DP2STM makes no recommendation, indicating there was no error or injustice in the separation processing.  The applicant’s separation from the Air Force was consistent with the procedural and substantive requirements of the Personnel Services Delivery Memorandum and the Air Force instruction, and was within the discretion of the discharge authority.  

The applicant contends that because he did not voluntarily separate from the Air Force that the term “resignation” is not an accurate reflection of the type of separation on the DD Form 214.  Regular commissioned officers resign their commission since their commission was the result of a regular appointment, regardless of voluntary or involuntary separation actions.  Once the board convened and determined that the applicant could no longer be retained, the resignation is automatic based on their regular commissioned officer status. 

A complete copy of the AFPC/DP2STM evaluation is at Exhibit D.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 6 Jun 16, for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.

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 an error or injustice to warrant changing the applicant’s type of separation.  We note the applicant contends his DD Form 214 should be changed to reflect that he was “involuntary separated.”  However, as pointed out by AFPC/DP2STM, regular commissioned officers resign their commission, regardless of voluntary or involuntary separation actions.  Therefore, with the exception of the administrative corrections noted above, we conclude the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice.   In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the additional relief sought in this application.

THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a material error or injustice; that the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence no considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-03293 in Executive Session on 18 Oct 16, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 27 Jul 15, w/atchs.
Exhibit B.  Pertinent Excerpt from Master Personnel 
            Records.
	Exhibit C.  Memorandum, AFPC/DP2SP, undated.
	Exhibit D.  Memorandum, AFPC/DP2STM, dated 23 May 16,
                 w/atchs.	
     Exhibit E.  Letter, AFBCMR, dated 6 Jun 16.