RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-01442

	COUNSEL:  
	
	HEARING:  NO

APPLICANT REQUESTS THAT:

His Air Force (AF) Form 469, Duty Limiting Condition Report, Block 37, be amended to reflect Medical Evaluation Board (MEB)/Physical Evaluation Board (PEB) processing in accordance with AF Instruction (AFI) 41-210, TRICARE Operations and Patient Administration Functions.  

Additionally, he requests all pertinent records such as his Unfavorable Information File (UIF) be deleted from his official military record.

APPLICANT CONTENDS THAT:

Counsel, on behalf of the applicant, contends the Air Force Discharge Review Board cited AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, as the applicant’s separation authority; therefore, he should be allowed to pursue a Fit for Duty determination that will allow a Reentry Code on his DD Form 214, Certificate of Release or Discharge from Active Duty.  Removal of the UIF will facilitate his reentry into the active Air Force or Air Force Reserve.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force Airman First Class.  

On 16 Sep 15, the Air Force Discharge Review Board directed the discharge characterization (to Honorable), narrative reason (to Secretarial Authority), reenlistment eligibility code (to 3K), and Separation Program Designator (to KFF). 

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisories at Exhibits C, D, G, H, and K.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the application.  Insufficient evidence of error or injustice to support removal of Unfavorable Information File.  The complete advisory is at Exhibit C.

BCMR Medical Advisor recommends denying the application.  No evidence of a medical condition that warrants Medical Hold, further referral, or processing though the Disability Evaluation System.  Additionally, recommend removing AFI 36-3212 from the applicant’s DD Form 214 and replacing with a more appropriate policy authority.  The complete advisory is at Exhibit D.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 17 Nov 16 for comment (Exhibit E), and the applicant replied on 7 Dec 16.  Counsel, on behalf of the applicant contends the UIF and Letter of Reprimand should be removed based upon the lapse of time and the findings of the AFDRB regarding violation of the applicant’s due process rights should extend to these documents.  Additionally, the applicant’s mental health counseling from an AF Mental Health professional following placement in the Alcohol and Drug Abuse Prevention and Treatment (ADAPT) program should warrant checking Block 37 on his AF Form 469 vice Block 31.  The applicant’s complete response is at Exhibit F.

AIR FORCE EVALUATION:

AFPC/DP2STM-214 recommends denying the application.  The AFDRB did not direct changing the Separation Authority on the applicant’s DD Form 214.  It was erroneously changed from AFI 36-3208, Administrative Separation of Airmen, to AFI 36-3212, and upon final board decision, will be administratively corrected.  The complete advisory is at Exhibit G.

SAF/MRBP recommends denying the application.  The AFDRB did not direct amendment of the Separation Authority on the applicant’s DD Form 214.  It was changed to AFI 36-3212 in error.  The complete advisory is at Exhibit H.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 27 Oct 17 for comment (Exhibit I), and the applicant replied on 14 Nov 17.  Counsel, on behalf of the applicant contended he agreed with correction of the erroneously amended Separation Authority, and requests the correction reflect AFI 36-3208, paragraph 1.2 and Table 1.4 applied.  Additionally, in light of this correction, counsel, on behalf of the applicant withdraws the request for correction of the AF Form 469.  Further, in accordance with AFI 36-2907, Unfavorable Information File (UIF) Program, Table 2.2, Rule 5, the applicant’s UIF should have been removed from his military records at separation.  The applicant’s complete response is at Exhibit J.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denying the application.  Corrects previous advisory to reflect AFI 36-2907 as reference.  No action is required as the applicant’s UIF was destroyed upon his discharge in accordance with AFI 36-2907.  The complete advisory is at Exhibit K.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 19 Jun 18 for comment (Exhibit L), and the applicant replied on 18 Jul 18.  The applicant expressed concern that his military records still contain documentation from his administrative discharge hearing which taint his service, in conflict with the findings and direction of the AFDRB, and requests the entire separation package be removed from his official military records.  Additionally, the applicant reiterated his request to be found “Fit for Duty.”  The applicant’s complete response is at Exhibit M.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM, BCMR Medical Advisor, SAF/MRBP, and AFPC/DP2STM-214, and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, aside from the aforementioned administrative correction, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2016-01442 in Executive Session on 14 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 8 Apr 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 19 Jul 16.
Exhibit D:	Advisory opinion, BCMR Medical Advisor, dated 10 Nov 16.
Exhibit E:	Notification of Advisory, SAF/MRBC to applicant, dated 17 Nov 16.
Exhibit F:	Applicant’s response, dated 7 Dec 16.
Exhibit G:	Advisory opinion, AFPC/DP2STM-214, dated 10 Aug 17.
Exhibit H:	Advisory opinion, SAF/MRBP dated 25 Aug 17.
Exhibit I:	Notification of Advisory, SAF/MRBC to applicant, dated 27 Oct 17.
Exhibit J:	Applicant’s response, dated 14 Nov 17.
Exhibit K:	Advisory opinion, AFPC/DP2SSM, dated 4 Jun 18.
Exhibit L:	Notification of Advisory, SAF/MRBC to applicant, dated 19 Jun 18.
Exhibit M:	Applicant’s response, dated 18 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.