RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03120
                                 (CASE 2)
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  14 Apr 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was released  from  active
duty, rather than discharged, with a subsequent transfer to a  reserve
component,  thereby  eliminating  an  eight-month  break  in  military
service and time in grade.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After a voluntary drop on request (DOR) from  navigator  training,  he
was briefed on the reclassification process and the option to  request
voluntary release.  He requested voluntary release from active duty to
enter the Air National Guard or  Air  Force  Reserve.   It  was  never
explained to him that his decision would result  in  a  discharge  and
keep him from pursuing other military career endeavors.  It was  never
his intention to be discharged.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant, Reserve of the Air Force,
on 19 Sep 03 and was voluntarily ordered to extended active duty.

An AETC Form 126A, Record of Commander indicates that on  18  Nov  03,
the applicant’s commander recommended he be eliminated from  Navigator
Introductory Flight Training (NIFT) as a result of the applicant’s DOR
(self-initiated elimination).  The applicant was eliminated from  NIFT
training on 19 Nov 03.

Applicant was honorably discharged on 29 Dec 03 under  the  provisions
of AFI 36-3207 (Failure to Complete a Course of  Instruction)  in  the
grade of second lieutenant.  He was credited with 5 years, 11  months,
and 16 days of total active service.

On 22 Jul 04, the Air Force Board for Correction of  Military  Records
(AFBCMR) considered an application pertaining  to  the  applicant,  in
which he requested that his narrative reason and  separation  code  be
changed.  The majority of the Board recommended that  his  request  be
granted, which was accepted by the Director, Air Force  Review  Boards
Agency on 27 Aug 04 (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial noting that after being eliminated  from
navigator training, the applicant submitted a  request  on  11 Dec  03
indicating why he had requested not to be retained on active duty.  It
was also a request to not be assigned into another Air Force Specialty
Code (AFSC) and be afforded the opportunity to pursue a career in  the
Air National Guard.   In  accordance  with  AFI  36-3207,  Chapter  3,
paragraph 3.13, the applicant’s request for separation  was  processed
as an involuntary discharge.  Based on the documentation  on  file  in
the applicant’s master personnel records, the discharge was consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation, and was within the discretion of the discharge  authority.
According to AFPC/DPPRS, the discharge was not under any Force Shaping
Program but was driven by the applicant submitting a DOR from training
and then requesting to be separated from  active  duty.   Further,  he
requested not to be assigned into another AFSC.

AFPC/DPPRS  noted  that  on  27  Aug  04,  the  AFBCMR  directed   the
applicant’s records be corrected to show that, on 29 Dec  03,  he  was
voluntarily  discharged  under   the   provisions   of   AFI   36-3208
(Secretarial Authority), with a separation code of “KFF.”   AFPC/DPPRS
indicated the applicant’s records should have been corrected  to  show
he was voluntarily discharged under  the  provisions  of  AFI  36-3207
(AFBCMR Directed Voluntary  Discharge),  with  a  separation  code  of
“KND,” as the applicant was a commissioned officer.

As to why the applicant’s DD Form  214,  Block  9,  reflected  he  was
transferred to “ANG, State of Minnesota,”  AFPC/DPPRS  indicated  that
there  was  no  documentation  on  file  explaining  the  entry.   The
applicant  was,  in  fact,  discharged  from  active  duty   and   not
transferred to any other component.

A complete copy of the AFPC/DPPRS, with attachment, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 4 Nov
05 for review and response.  As of this date,  no  response  has  been
received by this office (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 an injustice.  The applicant's  complete  submission  was
thoroughly reviewed and his contentions were duly noted.  However,  we
do not find the applicant’s assertions and the documentation presented
in support of his request that his records be corrected to reflect  he
was  released  from  active  duty  rather  than  discharged,  with   a
subsequent transfer to a reserve component sufficiently persuasive  to
override the rationale provided by the Air  Force  office  of  primary
responsibility (OPR).  No evidence has been presented which  shows  to
our satisfaction the applicant should have been released  from  active
duty rather than discharged.  In view of the  foregoing,  and  in  the
absence of sufficient evidence to the contrary,  we  adopt  the  OPR’s
rationale as the basis for our decision that the applicant has  failed
to sustain his burden of establishing he has suffered either an  error
or an injustice regarding his request.  Notwithstanding this, we  note
that a previous Board did act favorably on an earlier request  by  the
applicant that his narrative reason and separation  code  be  changed.
However, the corrected reason and code applied to an  enlisted  person
and the applicant was a commissioned officer.  Therefore,  we  believe
his records should be corrected to reflect  an  appropriate  narrative
reason and separation code commensurate with his status as an officer,
as indicated by the OPR.  Furthermore, since there is no evidence  the
applicant should have been transferred to  a  reserve  component,  his
records should also be corrected to show he was not transferred to the
Minnesota Air National Guard.  Accordingly, we recommend  his  records
be corrected as set forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that, on 29 Dec 03, he was
voluntarily discharged under the provisions  of  AFI  36-3207  (AFBCMR
Directed Voluntary Discharge), with a separation code of  “KND”;  and,
that he was not transferred to the Minnesota Air National Guard.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-03120 in Executive Session on 8 Dec 05, under the  provisions  of
AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Cheryl V. Jacobson, Member
      Mr. Gary G. Sauner, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jun 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum for the Chief of Staff,
                dated 27 Aug 04, w/atchs.
    Exhibit D.  Letter, AFPC/DPPRS, dated 26 Oct 05, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 4 Nov 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair




AFBCMR BC-2005-03120




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, on 29 Dec 03, he was
voluntarily discharged under the provisions of AFI 36-3207 (AFBCMR
Directed Voluntary Discharge), with a separation code of “KND”; and,
that he was not transferred to the Minnesota Air National Guard.






    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency