RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2021-00723

	COUNSEL: NONE

	HEARING REQUESTED: YES

APPLICANT’S REQUEST

His DD Form 214, Certificate of Release or Discharge from Active Duty, for the period 2003 through 2005 be amended as follows:

a. His general (under honorable conditions) discharge be upgraded to honorable.

b. His reentry (RE) code be changed from 2B to one that will allow him to reenlist.

c. His separation code be changed from JKN, Misconduct, to FND, Miscellaneous/General Reasons.

APPLICANT’S CONTENTIONS

It is his sincere desire to serve his country again as a Medical Services Officer in the National Guard, and ultimately as an Army Social Worker in six months after he obtains his accreditation as a Licensed Clinical Social Worker.  Unfortunately, his 2005 general (under honorable conditions) discharge is the only thing barring his continued service.  He acknowledges his poor decision-making abilities fifteen years ago, and humbly asks the Air Force Board for Correction of Military Records to consider his personal growth and honorable service in the Army National Guard over that time and upgrade his discharge to honorable so that he may continue his service as an Army Social Worker.  Three years after his discharge from the Air Force, he enlisted in the National Guard and served a total of six years including a deployment to Afghanistan.  After returning from Afghanistan in 2014, he realized he could serve his teammates better as a mental health professional.  He has since completed a bachelor’s degree in psychology and a master’s degree in social work.  It is his desire to serve as a medical services officer in the National Guard but his general discharge is preventing him from continued service.

In support of his request, the applicant provides a personal statement, copies of his college transcripts, a resume, letters of recommendation, Army NCO Evaluation Reports, and his Army DD Form 214. 

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

According to the documentation provided by the applicant and analysis of the facts, the following information is provided:  

The applicant is a former Air Force airman (E-2).

On 12 Jul 05, the applicant’s commander recommended he be discharged from the Air Force, under the provisions of AFPD 36-2, Military Retirements and Separations, and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.49 for misconduct, specifically, minor disciplinary infractions.  The specific reasons for the action were as follows:

a. On or about 16 Dec 04, the applicant wrongfully operated a motorcycle and on or about 20 Apr 05, he left his dormitory room and wall locker unsecured.  The applicant was issued non-judicial punishment with suspended reduction to the grade of airman basic (E-1), suspended, forfeiture of $617.55 pay, and a reprimand.

b. On or about 16 Dec 04, the applicant wrongfully operated a motor vehicle while the alcohol concentration in his breath was .08 grams of alcohol per 210 liters of breath or greater.  The applicant was issued nonjudicial punishment with a reduction from the grade of E-3 to E-2 [suspended], suspended forfeiture of $692 pay for one month, and a reprimand.

c. On or about 20 Oct 04, a 9mm handgun was found in the applicant’s dormitory room wall locker.  The applicant was issued a reprimand for his actions.

d. On or about 6 Mar 04, the applicant made a false official statement.  The applicant was issued a reprimand for his actions.

On 14 Jul 05, the discharge authority approved the recommendation.

On 15 Jul 05, the applicant was issued a general (under honorable conditions) discharge with an RE code 2B and separation code JKN.  He was credited with 1 year, 7 months and 11 days of active service.

According to the applicant’s resume, he served in the Army National Guard from 2008 through 2014.

For more information, see the excerpt of the applicant’s record at Exhibit B.

POST-SERVICE INFORMATION

On 14 Apr 21, the Board sent the applicant a request for post-service information, including a standard criminal history report from the Federal Bureau of Investigation (FBI), which the applicant provided on 6 May 21 (Exhibit D).  According to the report, the applicant has had no arrests since his discharge.

APPLICABLE AUTHORITY

On 25 Jul 18, the Under Secretary of Defense issued supplemental guidance to military corrections boards in determining whether relief is warranted based on equity, injustice, or clemency.  These standards authorize the board to grant relief in order to ensure fundamental fairness.  Clemency refers to relief specifically granted from a criminal sentence and is a part of the broad authority Boards have to ensure fundamental fairness.  This guidance applies to more than clemency from sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds.  This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority.  Each case will be assessed on its own merits.  The relative weight of each principle and whether the principle supports relief in a particular case, are within the sound discretion of each Board.  In determining whether to grant relief on the basis of equity, an injustice, or clemency grounds, the Board should refer to the supplemental guidance, paragraphs 6 and 7. 

A complete copy of the Wilke Memo was provided to the applicant on 14 Apr 21. (Exhibit C).  

AFI 36-2606, Reenlistment and Extension of Enlistment in the United States Air Force. An applicant is eligible for immediate reenlistment (within 24 hours after separation) and eligible for prior service enlistment when they are issued an RE-1 series code, provided the Airman is otherwise eligible.  An applicant who is issued an RE-2 series code is ineligible to reenlist in the Regular Air Force and unless specifically authorized, not authorized to extend enlistment.  An applicant who is issued an RE-3 series code is ineligible for immediate reenlistment (within 24 hours after separation), but eligible for prior service enlistment with an approved waiver (provided the Airman is otherwise qualified). An applicant who is issued an RE-4 series code is ineligible to reenlist in the Air Force and, unless specifically authorized by paragraph 6.5, Extension Cancellation or Table 6.2, Reasons for Extensions of Enlistment,  is not authorized to reenlist.

AFI 36-3202, Separation Documents.  Separation codes  identify  the  type  of  separation  for  officers  and  airmen  and  the  reason  for separation.    They  are  intended  solely  for  internal  use  by  DOD  and  are  not intended  to stigmatize  individuals.  The Department of Defense uses them to compile separation statistics, collect and help determine whether personnel policies need to change. Separating members are entitled to know their own separation code. The code appears on copy 4 of the DD Form 214 that is provided to the separating member

AFI 36-3208, Administrative Separation of Airmen, includes the following service characterizations: 

Honorable.  The quality of the airman’s service generally has met Air Force standards of acceptable conduct and performance of duty or when a member's service is otherwise so meritorious that any other characterization would be inappropriate. 

Under Honorable Conditions (General).  If an airman’s service has been honest and faithful, this characterization is warranted when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record.

FINDINGS AND CONCLUSION

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 non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an injustice in part.  The Board found no indication that the actions taken to affect the applicant’s discharge under honorable conditions was improper or contrary to the provisions of the governing regulations in effect at the time. Therefore, the Board is not persuaded by the evidence presented that the service characterization he received upon his separation from the Air Force in 2005 should be changed. Notwithstanding the above, although the applicant has provided no evidence to show that his discharge was improper or not in compliance with the appropriate regulations, it is the Board’s opinion that partial relief is warranted in this case.  In this respect, after careful review of the applicant’s military personnel records and given that the Army Recruiting command supports his accession into the Army Social Work Internship Program, coupled with his subsequent honorable service characterization from the Army National Guard, the Board believes that a good probability exists that he may be able to provide effective and meaningful service to our nation as a member of the armed forces.  Therefore, the Board believes a change to his RE code and separation code to waiverable codes is warranted.  Whether or not he is successful in his attempts to return to the military will depend on the needs of the service and the Board’s recommendation in no way guarantees that he will be allowed to return to any branch of service.  Accordingly, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on 15 Jul 05, he was discharged with a separation code and corresponding narrative reason for separation of JFF, Secretarial Authority, and a reentry code of 3K.

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application 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-2021-00723 in Executive Session on 22 Jul 21:

Panel Chair
Panel Member
Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 22 Jan 1 and 29 Apr 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Notification of Clarifying Guidance and Clemency Bulletin, dated 14 Apr 21.
Exhibit D:	Applicant’s response, dated 6 May 21.

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.