RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER: BC-2004-01197
                                        INDEX CODE 100.06, 107.00
                                        COUNSEL:  None

                                        HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect (1) a Reenlistment Eligibility  (RE)
code that allows reenlistment, (2) additional time served, and  (3)  receipt
of the Air Force Outstanding Unit Award  (AFOUA),  the  Expert  Marksmanship
Ribbon (EMR), as well as any other decorations to which he may be entitled.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

His DD Form 214 has some typographical errors.  As to the RE  code,  he  was
immature at the time with little or no guidance. He  wants  to  reenter  the
Air Force to have a second chance. He is 41 and is graduating  from  college
soon. He would like the opportunity to rectify the situation and  prove  his
ability and worth.  In a letter to SAF/MRBR, the applicant  indicated  three
days after he separated he lost his discharge package and all his  paperwork
in a taxi.

Applicant’s complete submissions, with attachments, are at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular  Air  Force  on  19  Nov  80  and  was
assigned to the 97th Security Police Squadron at Blytheville AFB, AR,  as  a
security specialist.

On 8 Oct 81, the applicant was punished by Article  15  with  forfeiture  of
$50.00 per month for two months and reduction from  airman  first  class  to
airman, suspended until 6 Apr  82,  for  dereliction  of  duty  (failing  to
perform bay orderly duties)  on  5 Oct  81.  On  5 Feb  82,  that  suspended
reduction was vacated because the applicant was absent without leave  (AWOL)
on 2 Feb 82.  As a result, he was demoted to airman  with  a  date  of  rank
(DOR) of 8 Oct 81.

On 17 Feb 82, the applicant was punished by Article 15  with  forfeiture  of
$275.00, restriction to base for 60 days,  and  reduction  to  airman  basic
with a DOR of 17 Feb 82, for being AWOL on 11 Feb 82.

There  is  no  discharge  package  in  the  applicant’s  available  military
records.  On 19 Mar 82, the  applicant  was  apparently  discharged  in  the
grade of airman basic under other  than  honorable  conditions  (UOTHC)  for
unsuitability-apathy/defective attitude.  The DD Form 214 noted one  day  of
lost time and reflected the applicant completed one  year,  one  month,  and
one day of active service.  He was issued an RE code of 2B  (Separated  with
other than an honorable discharge).

In a 30 Jun 04 letter, HQ AFPC/DPPRSP advised the applicant his DD Form  214
had been administratively corrected with a DD Form 215 to reflect,  in  Item
11, he was a security specialist for 11,  rather  than  9  months;  in  Item
12.c., he had one year and four months of net active  service,  rather  than
one year, one month and one  day;  in  Item  14,  he  attended  “USAF  Basic
Military Training School, 6 Weeks, Jan  91”  [sic];  and  in  Item  18,  the
remark “Member has not completed first full term of service.”   [Note:  Item
14 should have indicated “Jan 81,” not “Jan 91.”]

Pursuant to a generic inquiry by the AFBCMR Staff, SAF/MRBC  advised  via  a
30 Jul 04 email that, according to the Air Force  functional  representative
for Security Forces within the Assignments Directorate  at  HQ  AFPC,  there
was/is a requirement for security specialists  to  qualify  in  small  arms.
However, there was/is no requirement to qualify as an Expert.   Further,  if
the AF Form 522 does not go forward for update, there is no other system  to
verify at some later date if a member qualified as an Expert.

Pursuant to the Board's request, the Federal Bureau of Investigation  (FBI),
Washington, D.C., provided an investigative report,  which  is  attached  at
Exhibit C.  The report has only one item regarding the  applicant  making  a
false police report some time in Sep 81, which was before he was  discharged
from the Air Force; however, no charges were filed.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR advises the 97th Security Police  Squadron,  Blytheville  AFB,
AR, was not awarded the AFOUA for the period 19 Nov 80 to  19  Mar  82.  The
EMR, which is the Small Arms Expert Marksmanship Ribbon, is awarded  to  Air
Force  servicemembers  who  have  qualified  as  “expert”  in   small   arms
marksmanship with either the M-16 rifle or issue handgun  on  an  Air  Force
firing range. They could find no AF Form 522  in  the  applicant’s  military
record to support his claim.  As there is no indication in  the  applicant’s
records substantiating his claim  to  the  AFOUA,  the  EMR,  or  any  other
award/decoration, denial is recommended.

A complete copy of the evaluation is at Exhibit D.

HQ AFPC/DPPRS believes the discharge was consistent with the procedural  and
substantive requirements of the discharge  regulation  and  was  within  the
discharge authority’s discretion. The applicant has  not  substantiated  any
errors or injustices and his appeal should be denied.

A complete copy of the evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT’S REVIEW OF EVALUATION:

The applicant concedes the AFOUA issue. As  for  the  EMR,  he  contends  he
qualified as Expert with the M-16.  However, the AF Form 522 never  made  it
into his records because he was not informed he had to turn it in.  He  kept
it with his personal records as a personal trophy, which was later  lost  to
him. He asks whether it was a requirement for a military member to score  as
Expert in order to qualify as a security specialist at  that  time.   [Note:
See Statement  of  Facts  for  information  regarding  marksmanship/security
specialist criteria.]  He does not deny he made mistakes but wants to  prove
the years have changed him for the better.  He  was  young,  impetuous,  and
very  headstrong.   He  would  like  to  think  the   years   have   brought
introspection, wisdom, experience, and insight.  He [correctly]  points  out
the Item 14 correction on the DD Form 215 erroneously indicated the year  as
“Jan 91” instead of “Jan 81.”

A complete copy of the applicant’s response is at Exhibit G.

A complete copy of the FBI report was forwarded to the applicant  on  9  Sep
04 for review and any comment within 14 days.  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 not timely filed; however, it is in the interest
of justice to waive the failure to timely file.

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice to warrant awarding the applicant  a  new
RE code or the requested decorations.  At the  time  members  are  separated
from the Air Force, they are  furnished  an  RE  code  predicated  upon  the
quality of  their  service  and  circumstances  of  their  separation.   The
applicant was separated with a UOTHC discharge, which drove the 2B  RE  code
he received.  He has  not  established  his  discharge  was  unjust  or  the
resultant RE code was incorrect.   As  to  the  requested  decorations,  the
applicant’s squadron was not awarded the  AFOUA  and  he  has  not  provided
verification  he  qualified  for  the  EMR.   Therefore,  absent  persuasive
evidence to the contrary, we find no compelling basis to recommend  granting
these  aspects  of  the  applicant’s   appeal.    However,   regarding   the
applicant’s discharge,  we  would  be  willing  to  review  his  appeal  for
possible  reconsideration  should   he   submit   post-service   information
demonstrating he has been a gainfully employed, productive, and  law-abiding
citizen since his separation.

4.    The applicant’s request for additional  service  was  administratively
corrected.  Therefore, the Board  does  not  need  to  address  this  issue.
However, in administratively correcting the  applicant’s  DD  Form  214,  HQ
AFPC/DPPRSP  added  a  remark  in  Item  14  that  mistakenly  indicated  he
completed Basic Military Training  in  Jan  91,  rather  than  Jan  81.   We
therefore recommend this inadvertent error be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to the APPLICANT be corrected to show that  Item  14  on  his  DD  Form  214
indicates “USAF Basic Military Training School, 6  Weeks,  Jan  81,”  rather
than “USAF Basic Military Training School, 6 Weeks, Jan 91,” and that a  new
DD Form 214 be issued incorporating this and previous corrections.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 21 October 2004 under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Deborah A. Erickson, Member
                 Ms. Kathleen F. Graham, Member

All members voted to correct the records to  the  extent  recommended.   The
following documentary evidence relating to  AFBCMR  Docket  Number  BC-2004-
01197 was considered:

      Exhibit A.  DD Form 149s (2), dated 15 Mar & 26 Apr 04.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  FBI Report
      Exhibit D.  Letter, HQ AFPC/DPPPR, dated 8 Jun 04.
      Exhibit E.  Letter, HQ AFPC/DPPRS, dated 1 Jul 04.
      Exhibit F.  Letter, SAF/MRBR, dated 9 Jul 04.
      Exhibit G.  Letter, Applicant, dated 12 Jun [sic] 04.
      Exhibit H.  Letter, AFBCMR, dated 9 Sep 04.




                 RICHARD A. PETERSON
                 Panel Chair



AFBCMR BC-2004-01197




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     , be corrected to show that Item 14 on his DD Form 214
indicates “USAF Basic Military Training School, 6 Weeks, Jan 81,” rather
than “USAF Basic Military Training School, 6 Weeks, Jan 91,” and that a new
DD Form 214 be issued incorporating this and previous corrections.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency