RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER: BC-2004-02205
                                     INDEX CODE 110.02, 110.01, 100.06,
110.03
                                        COUNSEL:  None

                                        HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) and Separation  Program  Designator  (SPD)
codes be changed, and his separation date be changed to reflect three  years
of service, so he may receive medical  treatment  for  service  disabilities
and be eligible for Montgomery GI Bill (MGIB) benefits.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He has four [sic] years of honorable service, but his DD 214  indicating  he
was discharged for unsatisfactory service affects  promotion  opportunities.
His infractions were trivial and the narrative  reason  for  his  separation
should be changed.  He has matured  and  wants  to  join  the  Reserves  and
serve.  As for his separation date, he was not supposed  to  separate  until
after 23 Jul 04.  His dental work was incomplete and he was  not  given  the
opportunity for an  evaluation  for  his  disability.   He  was  anxious  to
separate and skipped the root canal.  He was not given the  care  he  needed
when he separated and lost his tooth.  He was not given an evaluation for  a
herniated disc that resulted from a vehicle accident while  he  was  in  the
Air Force.  He lives with a service-connected disability and  a  lost  tooth
because he did not get the care he deserved.  He  suffered  mental  problems
and stress.  The Air Force did not give him credit for his leave  or  travel
time to his home of record (HOR), which would have given him three years  of
active service.  He was pushed out of the service  so  he  could  be  denied
MGIB benefits.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Public Law 97-35, The Omnibus Budget Reconciliation Act of 1981,  and  Title
38, USC, Section 1712, limits eligibility  to  Outpatient  Dental  Treatment
currently  provided  by  the   Department   of   Veterans   Affairs   (DVA).
Eligibility  for  DVA  Dental  Treatment  requires  meeting  the   following
criteria:

      -- Member must serve at least 180 days of active duty.
      -- Member must apply to the DVA for required treatment within 90  days
of discharge or release from active duty.
      -- Member’s DD Form 214 must  contain  a  statement  that  a  complete
dental examination and appropriate dental service  and  treatment  were  not
provided by the Armed Forces within 90 days prior to discharge/release.

The applicant enlisted in the Regular Air Force on 23 Jul 97  for  a  period
of four years and assigned to  the  81st  Surgical  Operations  Squadron  at
Kessler, AFB, MS, as  an  orthotic  apprentice.   [Note:   According  to  HQ
AFPC/DPPAT (Exhibit D), DOD records indicate  the  applicant  accepted  MGIB
enrollment on 23 Jul 97.  However, the DD  Form  2366,  MGIB  Act  of  1984,
indicates the applicant accepted MGIB enrollment on 4 Aug 97.]

On 20 Nov 98, the applicant  received  a  Letter  of  Counseling  (LOC)  for
failure to report to duty on 16 Nov 98.  His supervisor had advised him  not
to proceed with his trip to Texas but to report to duty on 16 Nov  98.   The
applicant was advised his punishment could have been greater because of  his
past discipline problems at Lackland  AFB  and  an  Unfavorable  Information
File (UIF) [no further information].  He was warned his  stripe  could  have
been taken away.  In addition to the  LOC,  the  applicant  was  ordered  to
attend one day of Correctional Custody Orientation and had one day of  leave
charged for the duty day missed.

By Special Order dated 25 Nov 98, the applicant was promoted  to  the  grade
of airman first class with a date of rank of 23 Nov 98.

A 7 May 99 Memorandum for the Record (MFR) reported the  applicant  received
an LOC for failing to attend a mandatory monthly run.

On 13 Apr 99, the applicant’s Enlisted  Performance  Report  (EPR)  for  the
period 23 Jul 97 through 22 Mar 99, rendered an overall rating of 4.

A 27 Jul 99 LOC indicated the applicant failed to  complete  a  direct-order
tasking on 19 Jul 99 and noted this was an  ongoing  trend.   The  applicant
received another LOC on 28 Sep 99 for failing a  dormitory  room  inspection
on 27 Sep 99, his second violation.  The applicant also received an  LOC  on
9 Nov 99 for a 60-day delinquent debt ($39.00) with the Base Exchange.   The
applicant did not rebut these LOCs.

A supervisor’s 1 Mar 00 MFR reported that the applicant was in arrears  with
Republic Finance for $584.00  (including  penalties  and  legal  fees)  and,
despite efforts by the company to work with him,  was  unresponsive.   As  a
result, the applicant received a Letter of Reprimand  (LOR)  on  2  Mar  00.
This LOR also mentioned the applicant had received another LOR for  improper
use of his Government Credit Card.  The applicant did not rebut.

On 20 Apr 00, the applicant’s EPR for the period 23 Mar  99  through  2  Mar
00, rendered an overall rating of 3, and the  indorser  commented  that  the
applicant required more experience, initiative,  and  knowledge  application
to maximize his potential as an Air Force asset.

A 7 Jun 00 MFR reported the duty section told the applicant to  contact  his
supervisor about extending his 1-5 Jun 00 leave to complete repairs  on  his
car.  The applicant spoke to his supervisor  at  1400  on  5  Jun  00.   The
supervisor disapproved the request and ordered the applicant  to  return  to
work on 6 Jun 00.  However, the applicant reported to work at 0700 on 7  Jun
00, after returning to the  local  area  around  1900  on  6  Jun  00.   The
applicant received an LOR on  14  Jun  00  for  failing  to  return  to  his
appointed place of duty.  The applicant did not rebut.

On 29 Jun 00, the applicant  was  notified  of  his  commander’s  intent  to
recommend an honorable discharge for unsatisfactory duty  performance.   The
LORs and LOCs were cited.   The  applicant  waived  his  option  to  consult
counsel and his right to submit statements.

On 30 Jun 00, the applicant  signed  a  DD  Form  2697,  Report  of  Medical
Assessment, indicating he was treated for a slight herniated disc  following
a vehicular accident, did not have any conditions for which he did not  seek
medical care or which limited his ability to work in  his  primary  military
specialty or require geographic/assignment limitations,  did  not  have  any
dental problems, did not have questions/concerns about his health,  and  did
not intend at that time to seek a DVA disability.

On 5 Jul 00,  the  commander  recommended  the  applicant’s  discharge  with
probation and rehabilitation (P&R).  Legal review found the case  sufficient
and recommended the applicant be discharged without P&R  with  an  honorable
characterization.  The discharge authority approved  the  recommendation  on
14 Jul 00.

The applicant’s out-processing documents indicated he  was  not  provided  a
complete dental examination and all appropriate dental service treatment  by
the Armed Forces within 90 days prior to his  discharge,  and  that  he  was
briefed on his limited dental benefits on 18 Jul 00.

On 18 Jul 00, after 2 years, 11 months and 26 days of  active  service,  the
applicant was honorably discharged in the grade of airman first  class  with
an SPD code of JHJ  (Unsatisfactory  Performance)  and  an  RE  code  of  2C
(Involuntarily separated with an honorable discharge).

_________________________________________________________________

AIR FORCE EVALUATION:

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 C.

HQ  AFPC/DPPAT  advises  the  DVA  may  award  MGIB  education  benefits  to
individuals who leave active duty prior to completing a full term of  active
service.  The benefit, if any, is determined by the number of months  served
and the separation reason.  The law provides for benefits for an  individual
who separates with less than a full  term  of  service  if  the  reason  for
discharge is Secretarial Authority, hardship, service-connected  disability,
disability existing prior to service (EPTS), physical  or  mental  condition
that interferes with duty, or reduction in force (RIF).

A complete copy of the evaluation is at Exhibit D.

______________________________________________________________

APPLICANT’S REVIEW OF EVALUATION:

Complete  copies  of  the  Air  Force  evaluations  were  forwarded  to  the
applicant on 1 Oct 04 for review and comment within 30  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 timely filed.

3.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice to warrant partial  relief.   The  applicant
has not established to our  satisfaction  that  the  RE  and  SPD  codes  he
received were unjustified, erroneous, or outside the  discharge  authority’s
discretion.  Further, the  applicant  indicated  on  his  30 Jun 00  Medical
Assessment that he had been treated for a slight  herniated  disc;  did  not
have any conditions for which  he  did  not  seek  medical  care,  or  which
limited his ability to work in his primary military  specialty  or  required
geographic/assignment limitations; did not have  any  dental  problems;  did
not have questions or concerns about his health; and did not intend at  that
time to seek a DVA disability.  Thus we fail to see any  medical  basis  for
changing the reason for the applicant’s discharge.  However, we note he  was
only four days shy of having three full years of  active  duty.   While  his
separation date may have been beyond his control, we are persuaded he  could
have been separated on 22 Jul 00, when he completed three  years  of  active
service and he may be eligible for MGIB benefits.   We  would  emphasize  to
the applicant that his  entitlement,  if  any,  to  MGIB  benefits  will  be
determined by the DVA.  Therefore, we recommend the applicant’s  records  be
corrected to the extent indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that he was not honorably  discharged  on
18 July 2000 but on that date he continued to served on  active  duty  until
22 July 2000 at which time he was honorably discharged.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 18 November 2004 under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Dorothy P. Loeb, Member
                 Ms. Jan Mulligan, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence relating to  AFBCMR  Docket  Number  BC-2004-02205  was
considered:

      Exhibit A.  DD Form 149, dated 9 Jul 04, w/atch.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 14 Sep 04.
      Exhibit D.  Letter, HQ AFPC/DPPAT, dated 22 Sep 04.
      Exhibit E.  Letter, SAF/MRBR, dated 1 Oct 04.




                                   RICHARD A. PETERSON
                                   Panel Chair



AFBCMR BC-2004-02205




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  he  was  not  honorably
discharged on 18 July 2000 but on  that  date  he  continued  to  served  on
active duty until 22 July 2000 at which time he was honorably discharged.






JOE G. LINEBERGER

Director

Air Force Review Boards Agency