RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01751 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: The following blocks on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected: 1. Block 12e: Total Prior Inactive Service: 6 years, 7 months and 15 days should be removed and placed in 12c Net Active Service this Period. 2. Block 23: Type of Separation “Dismissal” should be changed to “Discharge.” 3. Block 24: Character of Service “Not Applicable” should be changed to “Honorable.” 4. Block 26: Separation Code “JJD” (court-martial, other) should be changed to “KBK” (normal expiration of service). 5. Block 27: Reentry Code “4L” (separated commissioning program - OTS) should be changed to “1” (fully qualified for enlistment). He also requests his dismissal be upgraded to an honorable. ________________________________________________________________ APPLICANT CONTENDS THAT: When completing his Army DD Form 214, he noticed an error on his Air Force DD Form 214. He has no prior active or inactive service prior to joining the Air Force. He appealed his dismissal on 12 February 2007 and received his DD Form 214 from the Air Force. He also requests his discharge be upgraded to honorable based on his current and past active duty Army service of 3 years, 10 months and 23 days. In support of his appeal, the applicant provides a copy of his DD Forms 214 from the Air Force and the Army, a copy of his Record of Proceeding from a previous BCMR case. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was a cadet at the U S. Air Force Academy. On 12 February 2004, pursuant to a General court-martial, the applicant pled and was found guilty of making false official statements and wrongfully using cocaine. He was sentenced to 135 days of confinement and dismissal from the service. On 29 July 2006, the sentence was ordered executed by the Secretary of the Air Force. ________________________________________________________________ AIR FORCE EVALUATION: USAFA/A1A recommends denial. A1A states the items the applicant requests correction are true and accurate in accordance with Department of Defense and Air Force guidelines. The applicant’s total prior inactive service is correctly reflected in block 12e. The applicant was a Cadet at the USAFA. Cadets and midshipmen are precluded from counting academy attendance as creditable service for any purpose, 10 U.S.C. 971. The applicant was dismissed from the service pursuant to a General court-martial. The term dismissed is appropriate as he was not discharged. The applicant’s service cannot be characterized as honorable as he was dismissed as a result of a court-martial. Separation code JJD “court-martial, other” is the appropriate code for the applicant’s DD Form 214. There is no justification to change the separation code to “KBK’ (normal expiration of service. The RE code “4L” (separated commissioning program eliminee – OTS and so on) is appropriate because the Academy is a commissioning program. The complete AIA 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 15 July 2011, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case and find that the DD Form 214 issued at the time of his separation accurately reflects the circumstances of the separation. 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 that the applicant has not been the victim of an error or injustice Therefore, in the absence of evidence to the contrary, we find no basis to favorably consider this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2011-01751 in Executive Session on 1 November 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary was considered: Exhibit A. DD Form 149, dated 5 May 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, USAFA/A1A, dated 29 Jun 11. Exhibit D. Letter, SAF/MRBR, dated 15 Jul 11. Panel Chair