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AF | BCMR | CY2001 | 0100944
Original file (0100944.doc) Auto-classification: Denied





                        RECORD OF PROCEEDINGS
          AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS




 IN THE MATTER OF:     DOCKET NUMBER:  01-00944
            INDEX CODE:  100.00, 110.00


            COUNSEL:  NONE


            HEARING DESIRED:  NO




 _________________________________________________________________


 APPLICANT REQUESTS THAT:


 1.   Item 11 (Primary Specialty) on his DD Form 214 (Certificate of
 Release or Discharge From Active Duty), be corrected to reflect Air
 Force Specialty Code  (AFSC)  3P051,  Security  Forces  Journeyman,
 rather than 3S031, Personnel Apprentice.


 2.   Apprentice Security Specialist  Course,  M60  Machine  Gunners
 Course, Ground Combat Skills Level I,  and  ACC  Quality  Awareness
 Course, be added in Item 14 (Military Education)  of  his  DD  Form
 214.


 3.   His Under Honorable Conditions (General) Discharge be upgraded
 to Honorable.


 4.   The  reason  for  separation  be  changed  to  Dissatisfactory
 Service rather than Misconduct  and  his  reenlistment  eligibility
 (RE) code be changed to 3A.


 _________________________________________________________________


 APPLICANT CONTENDS THAT:


 There are multiple errors on his DD Form 214 in Items 11 and 14.


 The type of discharge was too  harsh  for  the  minor  offenses  he
 committed.  The first four years of service were honorable  and  it
 was  not  until  the  last  six  months  of  service  that  he  was
 reprimanded.  The list of reprimands were so close together that he
 was not given ample time to overcome his deficiencies.   For  this,
 he feels he was too harshly discharged.


 Applicant’s complete submission is attached at Exhibit A.


 _________________________________________________________________










 STATEMENT OF FACTS:


 The applicant’s Total Active Federal Military Service Date (TAFMSD)
 was 10 Oct 91.


 Applicant  received  two  Enlisted   Performance   Reports   (EPRs)
 reflecting overall ratings of “3.”


 On 29 Mar 96,  applicant  was  notified  that  his  commander  was
 recommending that he be discharged from the Air  Force  for  Minor
 Disciplinary Infractions with service  characterized  as  General.
 The reasons for the commander’s actions were as follows:


           a.    On or about  19 Apr  95  and  14 Jun  95,  he  was
 derelict in the performance of his duties.  For  this  misconduct,
 he received an Article 15 on 11 Sep 95 which included a  suspended
 reduction in grade from the grade of senior airman to the grade of
 airman first class and 30 days of extra duty.


           b.    On or about 26 Jul  95,  he  failed  to  go  to  a
 mandatory appointment.  For this misconduct, he received a  Letter
 of Reprimand (LOR) on 14 Aug 95.


           c.    On or about  7 Aug  95,  he  failed  to  go  to  a
 mandatory appointment.  For this misconduct, he received an LOR on
 7 Aug 95.


           d.    On or about 17 Jan 96, he failed to obey a  lawful
 regulation.  For  this  misconduct,  he  received  a  vacation  of
 suspended nonjudicial punishment which  included  a  reduction  in
 grade from the grade of senior airman to the grade of airman first
 class with a new date of rank (DOR) of 25 Sep 95.


           e.    On or about 18 Jan 96,  he  failed  to  adhere  to
 standards of  dress  and  appearance.   For  this  misconduct,  he
 received an LOR on 19 Jan 96.


           f.    On or about 19 Jan  96,  he  failed  to  obey  the
 orders of a noncommissioned officer (NCO).  For  this  misconduct,
 he received an LOR on 19 Jan 96.


            g.     On  or  about  23 Jan  96,  he  was  financially
 irresponsible.  For this misconduct, he received an LOR on  24 Jan
 96.


 On 29 Mar 96, applicant acknowledged receipt of  the  notification
 letter.


 On 8 Apr 96, after consulting with counsel, applicant  submitted  a
 written presentation requesting retention on active duty.








 A legal review was conducted by the  Deputy  Staff  Judge  Advocate
 (SJA) who found the applicant’s file legally sufficient to  support
 the commander’s recommendation that  the  applicant  be  discharged
 from the Air  Force  for  Minor  Disciplinary  Infractions  with  a
 General  discharge.   The  SJA  concurred  with  the  Deputy  SJA’s
 recommendation.


 On 24 Apr 96, applicant was discharged under the provisions of  AFI
 36-3208 (Misconduct) with an under honorable  conditions  (general)
 discharge in the grade of airman first class.  He was credited with
 4 years, 6 months, and 15 days of active service.


 On 9 May 01, the Supt, USAF Education and Training Branch, Randolph
 AFB, Texas, administratively corrected Item 14 (Military Education)
 on applicant’s DD Form 214.  On 9 May 01, a DD Form 215 (Correction
 to DD Form 214, Certificate of Release  or  Discharge  From  Active
 Duty) was issued reflecting Apprentice Security Specialist, Apr 92;
 M60 Machine Gunner Qualification  Course,  Apr  92;  Ground  Combat
 Skills Course Level I, May 92,  was  added  in  Item  14  (Military
 Education) (see Exhibit C).


 On  28 Aug  01,  the  Separation  Procedures  Manager,  Separations
 Branch, Randolph AFB, Texas, administratively corrected Item 11  on
 applicant’s DD Form 214.  On 28 Aug 01, a DD Form  215  was  issued
 reflecting 3PO51 - Security Forces Journeyman, 4 Years, in Item  11
 (Primary Specialty) (see Exhibit C).


 _________________________________________________________________


 AIR FORCE EVALUATION:


 AFPC/DPPAC reviewed this application and indicated that a review of
 the documents provided by the  applicant  substantiates  his  claim
 that Item 11 does not reflect the AFSC in which he performed  while
 on active duty.  The applicant provided a certificate  of  training
 indicating he completed the Apprentice Security  Specialist  Course
 on 17 Apr 92 and his record indicates that he performed duty  as  a
 Security Forces Journeyman from Apr 92 through Mar 96.   Therefore,
 based on DPPAC’s review, the applicant’s AFSC data, Item 11, should
 be corrected to  reflect  3P051 -  Security  Forces  Journeyman,  4
 years.


 A complete copy of the Air Force evaluation, with  attachments,  is
 attached at Exhibit C.


 AFPC/DPPRS reviewed this application and indicated  that  based  on
 the documentation  in  the  file,  the  applicant’s  discharge  was
 consistent with the procedural and substantive requirements of  the
 discharge regulation.  Additionally, the discharge was  within  the
 sound discretion of the discharge authority.  The applicant did not
 submit any new evidence or identify any errors or  injustices  that
 occurred in the discharge  processing  and  he  provided  no  facts
 warranting  an  upgrade  of  his  discharge.   Accordingly,   DPPRS
 recommends his records remain the same and  his  request  that  his
 discharge be upgraded be denied.  AFPC/DPPAT  has  already  awarded
 the applicant the education courses he was authorized.


 A complete  copy  of  the  Air  Force  evaluation  is  attached  at
 Exhibit D.


 AFPC/DPPAE also reviewed this  application  and  indicated  that  a
 review  of  the  applicant’s  case  file  was  conducted  and   the
 reenlistment eligibility (RE) code of 2B (Separated with a  general
 or under other than  honorable  conditions  (UOTHC)  discharge)  is
 correct.


 A complete copy of their evaluation is attached at Exhibit E.


 _________________________________________________________________


 APPLICANT'S REVIEW OF AIR FORCE EVALUATION:


 Copies of the Air Force evaluations were forwarded to applicant  on
 7 Sep 01 for review and response within 30.  As of  this  date,  no
 response has been received by this office.


 _________________________________________________________________


 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  probable  error   or   injustice.
 Regarding applicant’s contentions that multiple errors were on his
 DD Form 214, we note that he has been provided an amended DD  Form
 214  with  the  applicable  corrections  verified  and   corrected
 administratively.  While the ACC Quality Awareness Course was  not
 administratively  corrected  on  his  DD  Form  214  as  applicant
 requested, we note that only  those  courses  that  have  a  valid
 Personnel Data System (PDS) code can be updated  to  the  DD  Form
 214.


 4.   We have  reviewed  the  applicant’s  entire  record  and  the
 circumstances surrounding his separation from  the  Air  Force  in
 1996.  If, as he asserts, he has overcome his difficulty, then  we
 applaud him.  However, the reason for separation and RE  code  are
 correct based on the  facts  that  existed  at  the  time  of  his
 separation.  Although applicant has provided statements  attesting
 to  his  post-service  accomplishments,  we  do  not  find   these
 achievements sufficient to offset the reason for  his  separation.
 In view of the foregoing, we find no basis upon which to recommend
 favorable action on the remainder of applicant’s requests.


 _________________________________________________________________


 THE BOARD DETERMINES THAT:


 The applicant be notified that  the  evidence  presented  did  not
 demonstrate the existence of probable 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 this application  in
 Executive Session on 6 November 2001, under the provisions of  Air
 Force Instruction 36-2603:


                  Ms. Peggy E. Gordon, Panel Chair
                  Mrs. Carolyn J. Watkins, Member
                  Mr. John B. Hennessey, Member


 The following documentary evidence was considered:


      Exhibit A.  DD Form 149, dated 26 Feb 01, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPAC, dated 4 May 01, w/atchs.
      Exhibit D.  Letter, AFPC/DPPRS, dated 15 May 01.
      Exhibit E.  Letter, AFPC/DPPAE, dated 4 Jun 01.
      Exhibit F.  Letter, AFBCMR, dated 7 Sep 01.








                                    PEGGY E. GORDON
                                    Panel Chair


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