RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-03566
INDEX NUMBER: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her DD Form 214, Certificate of Release or Discharge from Active Duty,
be corrected to reflect that she had a Reserve obligation; she be
given credit for fulfilling her Reserve obligation on 5 February 1998,
and issued a DD Form 265AF, Honorable Discharge Certificate.
She be given a formal letter of apology from Air Force officials for
the unnecessary delay in the issuance of her honorable discharge
certificate.
___________________________________________________________________
APPLICANT CONTENDS THAT:
The reasons the applicant believes the records to be in error or
unjust and the evidence submitted in support of the appeal are at
Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 4 February 1985, applicant contracted her initial enlistment in the
Regular Air Force. She served on continuous active duty and entered
her last enlistment on 6 April 1992.
The applicant requested separation from extended active duty (EAD)
under the Special Separation Benefits (SSB) program, authorized by 10
USC 1174a, under which she would receive a lump sum of $23,198.40 in
exchange for three (3) years of service with the Air Force Reserve.
The Air Force office of primary responsibility (OPR) indicated that
the initial DD Fm 214, issued at the time of applicant’s separation,
indicated she was “Released from Active Duty” (Block 23 (Type of
Separation)) and that she did not have a “Reserve Obligation
Termination Date” (Block 6, DD Form 214).
The initial DD Form 214 was voided and a second DD Form 214 was issued
changing Block 23 from “Release from Active Duty” to “Discharge.”
Block 6 on the second DD Form 214 continued to state “N/A” with
respect to a Reserve Obligation Termination Date. As a result of the
second DD Form 214, the applicant was discharged from her enlisted
status with the USAF and, instead of being released to the Air Force
Reserve, all connections between the applicant and the Air Force,
Active and Reserve, were severed.
___________________________________________________________________
AIR FORCE EVALUATION:
The Acting Staff Judge Advocate General, ARPC/JA, stated that,
regrettably, the applicant was erroneously discharged on 5 February
1995. After review of the application, JA concluded that all of the
requested corrections should be made, with the exception of the remedy
sought by the applicant in her 22 December 1998 letter: “a formal
apology from Air Force officials for this most unnecessary delay in
issuance of [her] discharge certificate.” From their current
perspective, there can be no “value added” in speculating why the
fundamental errors were made on the DD Form 214. In JA’s opinion,
their recommendations, if accepted, will serve to make the applicant’s
military personnel record accurate and complete. They concluded that
an error or injustice occurred in this case, but do not believe that
an “apology” from any Air Force official is in order here. The
complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant acknowledged the advisory opinion’s recommendation that all
of the requested actions should be made, but disagreed strenuously
that the letter of apology should be excepted.
Applicant’s complete response is at Exhibit E.
___________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting corrective action.
Based on a review of the evidence provided, it appears that the
applicant should have been transferred to the Reserve of the Air Force
as a condition of her separation under the Special Selection Benefits
(SSB) program. However, for whatever reason, her separation documents
erroneously reflected she was discharged without a Reserve obligation.
Through no fault of the applicant, she was never transferred to the
Air Force Reserve. We therefore agree with the Air Force office of
primary responsibility that some form of relief is warranted and that
the applicant’s records should be corrected to the extent indicated
below.
4. Applicant’s request for a formal letter of apology from Air Force
officials is duly noted. However, we agree with the Air Force office
of primary responsibility that no value would be added in speculating
why the administrative errors occurred. We believe the recommended
corrections to the applicant’s records will provide her with proper
and fitting relief.
___________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. She was not discharged on 5 February 1995, but on that date,
she was released from active duty and transferred to the Reserve of
the Air Force, with a Reserve Obligation Termination Date of 5
February 1998.
b. She was honorably discharged from the Air Force Reserve on
5 February 1998, and issued an Honorable Discharge Certificate.
___________________________________________________________________
The following members of the Board considered this application in
Executive Session on 21 October 1999, under the provisions of AFI 36-
2603:
Mr. Henry Romo Jr., Panel Chair
Mr. Patrick R. Wheeler, Member
Mr. Laurence M. Groner, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Dec 98, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ARPC/JA, dated 28 Jun 99, w/atch.
Exhibit D. Letter, SAF/MIBR, dated 12 Jul 99.
Exhibit E. Letter from Applicant, dated 18 Jul 99, w/atch.
HENRY ROMO JR.
Panel Chair
AFBCMR 98-03566
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to [APPLICANT], be corrected to show that:
a. She was not discharged on 5 February 1995, but on that
date, she was released from active duty and transferred to the Reserve
of the Air Force, with a Reserve Obligation Termination Date of 5
February 1998.
b. On 5 February 1998, she was honorably discharged from
the Air Force Reserve, and issued an Honorable Discharge Certificate.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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