RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03624

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:  

His DD Form 214, Certificate of Release or Discharge from Active Duty, effective 28 September 2010, be corrected to reflect his periods of honorable service.  

APPLICANT CONTENDS THAT:

He received a Bad Conduct Discharge (BCD); however, he has over 180 days of honorable service which is a requirement for Veterans Affairs (VA) benefits.  Therefore, his DD Form 214 should be corrected to reflect his true characterization of service and include his periods of honorable service, as well as, the periods of service he received a BCD.  

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 8 June 2004.  

On 1 August 2008, the applicant pled guilty and was found guilty at a Special Court-Martial for wrongful use of marijuana on several occasions and wrongful use of cocaine.  He was sentenced to a BCD and reduction to airman basic (E-1).  

On 5 September 2008, the sentence was affirmed, except for the execution of the BCD.  

On 13 December 2009, the applicant’s BCD was executed.  

On 28 September 2010, the applicant was furnished a BCD, with a narrative reason for separation of “Court Martial (Other),” and an RE code of 2L (Under investigation by military or civilian authority which may result in discharge or court-martial).  He was credited with 6 years, 3 months, and 21 days total active service.  

On 10 April 2012, the Air Force Discharge Review Board (AFDRB) considered the applicant’s request to upgrade his discharge to general.  The AFDRB concluded that there was no legal or equitable basis for the applicant’s discharge to be upgraded and determined it should remain unchanged.  

AFPC/DP2STM was able to determine the applicant’s entitlement to one month and three days Total Prior Inactive Service.  His records will be administratively corrected.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denial.  The applicant’s contractual period of service is not honorable.  There are no provisions within the Department of Defense Instructions (DoDIs) which provides for the issuance of an Honorable statement.  

The Department of Defense Instruction (DoDI) 1336.01, Certificate of Release or Discharge from Active Duty (DD Form 214/5 Series), and Air Force Instruction (AFI) 36-3202, Separation Documents, direct specific use for when Honorable service can be recorded on a DD Form 214, published for a lesser characterization.  In accordance with AFI 36-3202, continuous honorable active military service from “XXX” to “XXX” is used for a member who has previously reenlisted without being issued a DD Form 214 and who is separated with any discharge characterization except Honorable.  The “from” date is the date of initial entry into active duty, or the first day of service for which a DD Form 214 was not previously issued; and the “to” date is the date before the current enlistment.

A review of the applicant’s official military records indicates the applicant served only one term of enlistment (did not reenlist), and it was during that current enlistment that he was discharged with a Bad Conduct characterization.  To qualify for an Honorable statement, the applicant must have completed a prior enlistment with Honorable service.  

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

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 March 2016 for review and comment within 30 days (Exhibit D).  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.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  We note that AFPC/DP2STM has determined the applicant’s DD Form 214 should be administratively corrected to reflect his entitlement to one month and three days Total Prior Inactive Service.  Therefore, in view of the above, we find no basis to recommend granting additional relief beyond that rendered administratively.  

THE BOARD DETERMINES THAT:

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

The following members of the Board considered AFBCMR Docket Number BC-2015-03624 in Executive Session on 2 June 2016 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 August 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP2STM, dated 25 February 2016.
	Exhibit D.  Letter, AFBCMR, dated 17 March 2016.