RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2016-04647

XXXXXXXXXX	COUNSEL: NONE

	HEARING: NO

APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active Duty, effective 13 Mar 00, be corrected to reflect the following:

	a.  Block 13. Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized:  add Air Force Achievement Medal (AFAM), effective 31 Dec 99.  

	b.  Block 18. Remarks:  remove “Member has not completed first full term of service.”  (ADMINISTRATIVELY CORRECTED).

	c.  Block 28. Narrative Reason for Separation:  change “Misconduct” to “Hardship” or any other characterization that is honorable.  

APPLICANT CONTENDS THAT:

He was issued an AFAM after his separation; therefore, it is not annotated on his DD Form 214.  

He initially enlisted for four years and fully completed that enlistment; therefore, the statement on his DD Form 214 indicating he did not complete his first full term of service is incorrect.  It was during his second enlistment that he separated from active duty prior to completion.  

The Air Force Discharge Review Board (AFDRB) upgraded his general (under honorable conditions) discharge to an honorable discharge.  His narrative reason for separation annotated as “Misconduct” is damaging his professional reputation and should change to alignment with his honorable discharge.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant is a former Air Force airman first class (E-3).

On 15 Feb 00, according to 86 AW/JA, administrative discharge action was initiated against the applicant under the provisions of Air Force Instruction (AFI) 36-3208, Administrative Separation of Airmen, for a pattern of misconduct - conduct prejudicial to good order and discipline.  The reasons for the action were as follows.  

	a. 24 Sep 99, non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) was imposed for dishonorable failure to pay a debt, in violation of Article 134, UCMJ.  He received a suspended reduction to the grade of E-3, until 23 Jan 00 and a reprimand.  The Article 15 was filed in an Unfavorable Information File (UIF).  

	b. 12 Jan 00, an AF Form 366, Record of Proceedings of Vacation of Suspended Non-Judicial Punishment, was initiated vacating the applicant’s suspended reduction to the grade of E-3, for his dishonorable failure to pay a debt and to maintain sufficient funds for payment of certain checks, both in violation of Article 134, respectively.   

On 15 Feb 00, the applicant conferred with counsel and waived his right to submit statements in his own behalf.  

According to 86 AW/JA, the discharge action was found legally sufficient, and the discharge authority approved the commander’s recommendation and directed the applicant’s discharge from the Air Force with a general discharge, without probation and rehabilitation, on 28 Feb 00.  

On 13 Mar 00, the applicant was furnished a general (under honorable conditions) discharge, along with a narrative reason for separation of “Misconduct”.  He was credited with four years, five months, and nine days of active service for this period.  

On 12 May 05, the applicant submitted a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, requesting his general (under honorable conditions) discharge to be upgraded to an honorable.  
 
On 8 Dec 05, the AFDRB convened and found the applicant’s characterization of service to be inequitable.  He was granted his request for an honorable discharge.  

On 28 Feb 06, the applicant was notified of the AFDRB decision and a new DD Form 214 was accomplished.  

On 28 Jun 18, Headquarters Air Force Personnel Center, produced a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, which replaced “member has not completed first full term of service” to read “member has completed first full term of service”.

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

AIR FORCE EVALUATION:

AFPC/DP2STM recommends denying the application.  The circumstances surrounding the reason for discharging the applicant were valid and he was provided full administrative due process.  His dishonorable failure to pay a just debt was determined by the commander and discharge authority as a valid reason for separation.  Therefore, the separation code and narrative reason for separation are correct as indicated on the DD Form 214.  In addition, it has been approximately 17 years since the applicant’s discharge and almost 12 years since the AFDRB made their decision.  The complete advisory is at Exhibit C.

AFPC/DP3SP recommends denying the applicant’s request for award of the AFAM.  While the applicant provided what appears to be an authentic copy of a signed certificate/citation for award of the AFAM, a special order or any other official documentation verifying the applicant had been recommended for or awarded the AFAM, could not be located.  The Special Order is the official source document for verification of award of a decoration.  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 30 Apr 18 for comment (Exhibit E), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

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

3.  After reviewing all Exhibits, the Board concludes the applicant has presented evidence sufficient to demonstrate an error or injustice regarding part, but not all, of his request.  In particular, the applicant has provided justification to change his narrative reason for separation.  We note the AFDRB’s decision to change the applicant’s characterization of service to an honorable discharge.  We believe it to be an injustice to have an honorable discharge and continue to have the stigma associated with a narrative reason for separation of “Misconduct”.  In this respect, to provide the applicant proper and fitting relief, his narrative reason for separation should reflect “Secretarial Authority” along with the corresponding separation code of “JFF”.  We further note, the applicant’s request for his records to reflect completion of his first full term of service has been administratively corrected and we concur with this correction.  However, with regard to the applicant’s request for an AFAM, the evidence presented did not demonstrate an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request. Therefore, the Board recommends correcting the applicant’s records as indicated below.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 13 Mar 00, he was furnished an honorable discharged with a narrative reason for separation of “Secretarial Authority,” rather than “Misconduct” and a separation code of “JFF” rather than “JKM.”   

However, regarding the remainder of the applicant’s request, the Board recommends the applicant be informed the evidence did not demonstrate material error or injustice and the application could 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-2016-04647 in Executive Session on 28 Aug 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following documentary evidence pertaining to AFBCMR Docket Number BC-2016-04647:

Exhibit A:	Application, DD Form 149, w/atch, dated 14 Nov 16.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2STM, dated 14 Sep 17.
Exhibit D:	Advisory opinion, AFPC/DP3SP dated 13 Mar 18.
Exhibit E:	Letter, AFBCMR to applicant, w/atchs, dated 30 Apr 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.