RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04206 XXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: 1. The Air Force Commendation Medal (AFCM) be added to his DD Form 214, Certificate of Release or Discharge from Active Duty. 2. His Reentry (RE) code “3D,” which denotes "2nd-Term/Career Airman Declined PCS, TDY or Oversea Tour,” be changed. 3. His separation code “JFL” and corresponding narrative reason for separation “Disability, Severance Pay,” be changed. APPLICANT CONTENDS THAT: His RE code, separation code and narrative reason for separation are misleading and represents that he still has a disability. Consequently, he requires a waiver to reenlist in the Armed Forces for a condition that was never considered permanent. He would like to serve as an officer in the Army National Guard. The Board should find it in the interest of justice to consider his untimely application because he did not discover the error until his initial attempt to join the Army National Guard. In support of his request, the applicant provides copies of his AFCM citation, DD Form 214, Disability Severance Pay information, and various other documents related to his requests. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, the Informal Physical Evaluation Board (IPEB) recommended the applicant be discharged with severance pay with a disability rating of 10 percent for a diagnosis of major depressive disorder, single episode. The applicant served in the Regular Air Force from 10 July 1991 to 20 March 2000 for a total of 8 years, 8 months and 11 days of active duty. His DD Form 214 reflects a RE code of 3D and a separation code of JFL with a corresponding narrative reason for separation of “Disability-Severance Pay.” AIR FORCE EVALUATION: AFPC/DPFD recommends denial of changing the applicant’s separation code. The preponderance of evidence reflects that no error or injustice occurred during the disability process. The separation code and narrative reason for separation are correct. However, the RE code of 3D is incorrect and should be corrected to reflect 2Q, which denotes “Approved Medical Retirement or Separation.” Moreover, Item 25, Separation Authority, should be changed to reflect “AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation.” AFPC/DPSOY will provide the applicant a corrected copy of his DD Form 214 changing Item 25 from AFI 36-3208 to AFI 36-3212 and Item 27 from 3D to 2Q, unless otherwise directed by the Board. The complete DPFD evaluation is at Exhibit C. AFPC/DPSID recommends approval for award of the AFCM as the applicant provided a signed certificate/citation that appears to be authentic. Should the Board approve award of the AFCM, a special order will be accomplished and the applicant's record will be updated to reflect award of the AFCM. The complete DPSID evaluation is at Exhibit D. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 25 April 2014, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E). 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 to warrant changing the applicant’s RE code or separation code as requested. 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 AFPC/DPFD and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, aside from the administrative corrections to his record, we find no basis to recommend granting the relief sought in this portion of his application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice to warrant awarding the applicant the AFCM. Having carefully reviewed this application, we agree with the recommendation of AFPC/DPSID and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice. Therefore, we recommend the applicant's records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Air Force Commendation Medal, for meritorious service for the period 25 March 1997 to 20 March 2000 and that a special order be accomplished to reflect the same. The following members of the Board considered this application in Executive Session on 19 August 2014, under the provisions of AFI 36-2603: Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence pertaining to AFBCMR BC-2013-04206 was considered: Exhibit A. DD Form 149, 26 August 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DFPD, dated 6 December 2013, w/atch. Exhibit D. Letter, AFPC/DPSID, dated 28 February 2014. Exhibit E. Letter, SAF/MRBR, dated 25 April 2014. 1 2