RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-01196

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: NO

APPLICANT’S REQUEST

1.  His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect:

a.  Item 26, Separation Code, JFF, and Item 27, Reentry Code, 2C, be changed to reflect he was recommended for reenlistment.

b.  Item 25, Separation Authority, AFR 39-10, and Item 28, Narrative Reason for Separation, Convenience of the Government, be changed to reflect a normal separation.

c.  Item 13, Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized, include Small Arms Expert Ribbon.

d.  Temporary Duty (TDY) to Panama (will be administratively corrected).

2.  His Nonjudicial Punishments (NJP) be removed from his records.

APPLICANT’S CONTENTIONS

The reason for his separation was wrong and not mitigated correctly.  Many items offered for the second NJP were hyped and inadmissible.  The NJPs overstepped the bounds of punishment, and the charges were exaggerated.  

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

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

The Air Force Discharge Review Board (AFDRB) found that the character of discharge received by the applicant was too harsh for the cited offenses, and that sufficient mitigation existed to lessen the impact of the misconduct.  While the AFDRB did not condone the misconduct of the applicant, it found the character of service rendered is more appropriately described as honorable, and the reason for separation is aptly described as for the Convenience of the Government.  The AFDRB furnished a DD Form 214 to reflect the new Character of Service, Narrative Reason for Separation, Separation Authority (AFR 39-10), Separation Code (JFF) and Reentry Code (2C).

The applicant’s Military Human Resource Records did not contain a source document confirming award of the Small Arms Expert Ribbon.  However, AF Form 2096, Classification/On-the-Job Training Action, confirmed he was awarded the 5-skill level for Air Force Specialty Code (AFSC) 81152 (Security Forces), effective 9 Mar 89, and his performance reports reflect duty as an Installation Entry Controller.

On 21 Dec 20, AFPC/DP3AM was able to verify the applicant’s service in Panama.  Upon final Board decision, AFPC/DP2STM will administratively correct the applicant’s personnel record to reflect foreign service time. 

The applicant received NJP (date indistinguishable) for violation of the Uniformed Code of Military Justice (UCMJ), Article 92, disregarding a no contact order, and Article 134, contribution to the delinquency of a minor.  He was reduced in grade from airman first class to airman, with a new date of rank of 20 Feb 90, and received 30 days of correctional custody. 

APPLICABLE AUTHORITY

AFI 36-3202, Separation Documents, and Total Force Personnel Services Delivery (PSD) Guide, DD Form 214, Certificate of Release or Discharge from Active Duty, reflect that TDYs of 1 day or more, outside the continental United States (CONUS), are included on the DD Form 214, Item 12.f., Foreign Service.  Use any source document that shows actual time a member was overseas, except TDY orders (they give projected start/end dates but do not confirm actual travel). 

AFI 36-2803, The Air Force Military Awards and Decorations Program, and AFMAN 36-2806, Awards and Memorialization Program.  The Small Arms Expert Marksmanship Ribbon is awarded to regular Air Force, Air National Guard and Air Force Reserve members, who, after 1 Jan 63, qualify as “Expert” with either the M-16 rifle (to include the M-4 and GAU-5) or an issued handgun on the Air Force qualification course, an appropriate orientation course prescribed in other Air Force Instructions, other Military Services’ qualification course, or who satisfactorily complete the Combat Rifle Program.  AF Form 522, Ground Weapons Training Data and USAF Firearms Qualification, or a letter from the small arms marksmanship monitor is used as the source documentation for this award.  Members who qualify as “Expert” provide a copy of the AF Form 522 or letter to the manpower and personnel flight for update in the member’s personnel records.

AFI 51-202, Nonjudicial Punishment.  A commander initiates NJP action and imposes punishment acts on the basis of information the commander determines relevant.  The commander's action must be temperate, just, and conducive to good order and discipline.  While no specific standard of proof applies to NJP proceedings, including appeals, commanders should recognize that a member is entitled to demand trial by court-martial, in which case proof beyond a reasonable doubt of each element of every offense by legal and competent evidence is a prerequisite to conviction.  After a commander serves the NJP on a member, that member and his counsel have a right to examine all statements and other evidence that the commander has examined and intends to rely upon in arriving at a decision as to whether to impose punishment, and the quantum, if any, of punishment to be imposed.  The commander must consult the servicing legal office before the commander imposes punishment.

FINDINGS AND CONCLUSION

1.  The application was not 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 took notice of the applicant’s complete submission and Air Force guidance in judging the merits of the case, and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board finds the application untimely and recommends against correcting the applicant’s records, beyond that rendered administratively.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2020-01196 in Executive Session on 4 Nov 20 and 11 Mar 21:

, 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 6 Jan 20.
Exhibit B:  Documentary evidence, including relevant excerpts from official records.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings pertaining to Docket Number BC-2020-01196, as required by AFI 36-2603, paragraph 4.11.9.