RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00771 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her narrative reason for separation be corrected. _________________________________________________________________ APPLICANT CONTENDS THAT: Her previous DD Form 214, Certificate of Release or Discharge from Active Duty was re-accomplished because an erroneous separation code was entered on it. However, she believes the narrative reason for separation needs to be corrected, as well. In support of her request, the applicant provides a copy of her corrected DD Form 214 and a letter from her former supervisor. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 15 February 1994, the applicant enlisted in the Regular Air Force. On 29 August 1996, the applicant was notified of her commander’s intent to recommend that she be discharged from the Air Force under the provisions of AFPD 36-32, Air Force Military Training and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.52, Commission of a Serious Offense. The applicant acknowledged receipt of the notification of discharge, right to seek counsel and submit a statement on her own behalf. The specific reasons for this action were: 1) On 10 June 1996, the applicant was convicted by a special court-martial for two violations of Article 123a, Uniform Code of Military Justice (UCMJ); for writing checks without sufficient funds; one violation of Article 134, UCMJ; for failure to pay a just debt and one violation of Article 107, UCMJ; for making a false official statement. She was sentenced to confinement for three months, forfeiture of $300 per month for six months, and reduced in grade to airman basic. On 7 October 1996, Staff Judge Advocate found the case to be legally sufficient and recommended the applicant be discharged with a general (under honorable conditions) discharge, without probation and rehabilitation. The discharge authority approved the applicant’s discharge. On 15 October 1996, the applicant was discharged from the Air Force with a general (under honorable conditions) discharge in the grade of airman basic. She was credited with 2 years, 5 months and 16 days of total active service. On 21 November 1996, the applicant was erroneously issued a DD Form 214, Certificate of Release or Discharge from Active Duty, reflecting a separation code as “JKL”, which denotes Misconduct (Sexual Perversion). However, the Air Force Personnel Center corrected the error and reissued the applicant’s DD Form 214 showing her separation code as “JKQ”, which denotes Misconduct (Serious Offense). The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial. DPSOS addressed the reason for the applicant’s discharge from the Air Force. DPSOS states the applicant’s narrative reason for separation (misconduct) was appropriate and the documentation on file in the master personnel records supports the basis for discharge. The applicant’s discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. In addition, the applicant did not provide any facts warranting a change to her narrative reason for separation. The complete DPSOS 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 22 July 2011, for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s request for a change in her narrative reason for separation. We note that while the erroneous separation code originally assigned to the applicant had to be corrected, the narrative reason for separation of “misconduct” issued at the time of her separation accurately reflects the circumstances of her separation and should remain unchanged. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. In the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that 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-2011-00771 in Executive Session on 23 August 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 November 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. HQ AFPC/DPSOS, Letter, dated 26 May 2011. Exhibit D. SAF/MRBR, Letter, dated 22 July 2011. Panel Chair