RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04235

XXXX X. XXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.	Issue a valid/certified active duty DD Form 214, Certificate of Release or Discharge from Active Duty, as amended by his 30 May 20 DD Form 215;

2.	Issue an active duty Honorable Discharge [DD Form 256AF];

3.	Update his master human resource records held at the National Personnel Records Center (NPRC), the Department of Veterans Affairs, and the Air Reserve Personnel Center by issuing a copy of his certified DD Form 214; and, 

4.	Send a copy of his amended, certified DD 214 to the United States Air Force Academy (USAFA) and his U.S. senator’s office including a copy of the Honorable Discharge.

APPLICANT’S CONTENTIONS

He currently does not have a valid active duty DD Form 214 or an active duty Honorable Discharge [certificate].  He left the USAFA 17 years ago and has been seeking resolution for over ten years; twice filing with the Air Force Board for Correction of Military Records (AFBCMR) in 2014 and 2018.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former senior airman and USAFA cadet.  

On 9 Feb 99, the applicant enlisted in the Air Force.

On 28 Jun 01, the applicant attended the USAFA as a cadet.

On 12 Apr 02, the applicant was honorably discharged from the regular Air Force with a “secretarial authority” narrative reason for separation (item 23) and transferred to the Air Force Reserve.  

On 6 May 02, the USAFA issued a DD Form 215, Correction to DD Form 214, amending the applicant’s DD Form 214, separation date 12 Apr 02, to reflect a “released from active duty” narrative reason for separation in item 23.

On 30 May 02, the USAFA issued another DD Form 215 amending the same DD Form 214 to reflect several decorations in item 13.

On 29 Dec 13, the applicant submitted a DD Form 149 application requesting the issuing of a valid DD Form 214 and a DD Form 256AF reflecting an honorable discharge from active duty.  

On 27 Aug 14, Reserve Order CA-70 was published honorably discharging the applicant from the Air Force Reserve, effective 8 Feb 07.  The order further directed to furnish the applicant a DD Form 256AF.    

On 3 Sep 14, the AFBCMR staff closed his case.   

On 12 Apr 18, the applicant submitted another DD Form 149 stating his active duty component of his 2013 request, reissuing a corrected DD Form 214 stating “Honorable Discharge,” was unaddressed and remains uncorrected.    

On 7 Nov 18, the AFBCMR staff notified the applicant his request was invalid and provided his DD Form 214 identifying his “Honorable” discharge from the USAFA and active duty.  

On 14 Dec 18, according to documents submitted by the applicant, he requested his DD Form 214 and medical records from the NPRC. 

On 23 Jan 19, according to documents submitted by the applicant, the NPRC notified the applicant there was no copy of his military personnel record at the Center.  

On 15 Apr 19, USAFA/A1A issued a memorandum, subject title: Honorable Discharge Certification, notifying the applicant’s senator’s office he was honorably discharged from the USAFA as of 12 Apr 02.

On 20 Apr 20, the AFBCMR staff notified the applicant that his master human resource record in the Automated Records Management System (ARMS) was administratively updated by the Air Force Personnel Center (AFPC) to include his DD Form 214 and DD Forms 215 as his record is maintained in ARMS and not at NPRC (Exhibit D).  He was further notified since September 2004, the Air Force maintains Air Force veteran’s records in ARMS and they remain in ARMS for 62 years following an airman’s retirement or separation.  After the 62-year point, ARMS records are transferred to NPRC who will then maintain them as permanent records. 

For more information, see the excerpt of the applicant’s record at Exhibit B, the advisory at Exhibit C, and the following applicable authority extract at Exhibit G.

APPLICABLE AUTHORITY

AFI 36-3202, Separation Documents, Section B – Preparing Documents, paragraph 2.1 states, “DD Form 256AF, Honorable Discharge, is used to discharge members who separate from the AF with an honorable characterization and not released to the Reserve components.  Members who fulfill their obligation with the reserve forces are issued this certificate when discharged with an honorable service characterization.”

Additionally, Section F – Post Separation Procedures, paragraph 18, Correcting DD Form 214, states that once a DD Form 214 has been issued, do not reissue it unless you receive a request in writing and two DD Forms 215 have already been issued and further correction is needed.  

The AFI extract is at Exhibit G.  

AIR FORCE EVALUATION

USAFA/A1A recommends denying the application based on no findings of error or injustice.  The DD Form 214 distributed to applicant is valid and certified.  Furthermore, the appropriate means of adding and correcting information on this form is to accomplish a DD Form 215 that the member has received.  USAFA/A1A cannot justify recreating a DD Form 214 for the purposes of merging the documents.  Furthermore, the DD Form 214 indicates the member has received an honorable discharge as does his DD Form 785 that can also be used as proof of characterization of discharge.  Finally, on 17 Jun 19 USAFA A1A had a conference with the applicant’s Senator and father, by way of power of attorney.  This conference was an attempt to resolve any errors in the applicant’s record and resulted in resubmission of applicants’ pertinent documents to the requested agencies from both USAFA’s Cadet personnel office and the senator’s office. 

The complete advisory opinion, with attachment, is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 20 Apr 20 for comment (Exhibit D), and the applicant replied on 21 and 26 May 20.  In his response, the applicant reiterates his problem has lingered without resolution for over a decade.  He cannot prove he served honorably or been properly discharged from military service since he never received a valid, certified DD Form 214, with or without valid, certified DD Forms 215.  Because these documents have never been properly forwarded to the appropriate government offices, he has been unable to obtain benefits as a result of his military service.  Furthermore, the USAFA/A1A advisory writer did not and may not even have the full evidence pertaining to his request.  After reviewing all the DD Forms 215 and the DD Form 214, one must question whether his DD Form 214 is valid.  The memo generated has errors, a “half-true” statement, and is significantly misleading.  A true and factual record should be used in making a Board decision of his request.       

The applicant’s complete response, with attachments, is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the USAFA/A1A rationale and recommendation and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  After review of the applicant’s master human resource record and the evidence provided in this and prior applications, the Board finds his DD Form 214, separation dated 12 Apr 02, as amended by the two subsequent DD Forms 215, accurately reflect he received an honorable released from active duty and transferred to the Air Force Reserve.  Furthermore, the Board notes that in accordance with the applicable authority, the applicant does not warrant a reissuance of his DD Form 214 nor issuing a DD Form 256 AF for his active duty period since he was released from active duty and transferred to the Air Force Reserve.  The Board further notes the applicant was discharged from the Air Force Reserve effective 8 Feb 07; therefore, the applicant’s master human resource records are maintained at the Air Force Personnel Center. The Department of Veterans Affairs has access to the Automated Records Management System That said, the Board directs the AFBCMR Staff provide a copy of his official documents in question for his use.  Should the applicant need another copy of his records or should the Department of Veterans Affairs need a copy, they can obtain his records by writing to the following address:

Air Force Personnel Center
HQ AFPC/DP1OR
Attn: Military Incoming
550 C Street West, Suite 19
Randolph AFB, TX 78150-4721  

4. Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The applicant be informed the evidence did not demonstrate material error or injustice, and 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-2019-04235 in Executive Session on 3 Jun 20:

Panel Chair 
Panel Member
Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 26 Aug 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, USAFA/A1A, dated 16 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 20 Apr 20.
Exhibit E:	Applicant’s responses, dated 21 and 26 May 20.
Exhibit F:	Miscellaneous Documents from Previous Applications
Exhibit G:	Applicable Authority extract.

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