RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01763
                                             INDEX CODE:  110.00
      XXXXXXXXXXXXX                     COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  December 4, 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

Her narrative reason for separation be changed to allow her to  be  eligible
to receive unemployment benefits.

________________________________________________________________

APPLICANT CONTENDS THAT:

Her narrative reason for separation of  “Miscellaneous/General  Reasons”  as
shown on her DD Form 214 is  preventing  her  from  receiving  her  rightful
unemployment  benefits,  and  she  will  not  receive  them  until  this  is
corrected.

She has been advised that the narrative reason for separation  needs  to  be
changed to a valid reason such as “Education”, “Force Reduction”, etc.

In support of her appeal, she has provided copies of her DD  Form  214,  and
numerous documents pertaining to her application for  unemployment  benefits
from the state of Wisconsin.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 13 July 2004  and  served
as a fire protection journeyman.  She was released from active duty  in  the
grade of airman first class (E-3) on 9 February 2007, under  the  provisions
of   AFI   36-3208,   Administrative   Separation   of   Airmen,   paragraph
3.15 (miscellaneous/general reasons).  Her DD Form 214  reflects  a  service
characterization of  “Honorable”,  a  narrative  reason  for  separation  of
“Miscellaneous/General Reasons”, a separation code (SPD) of  “MND”  (Release
from Active Duty), and a reentry code (RE) of 3C (First-term airman not  yet
considered under the SRP).  She did not  fulfill  her  first,  full-term  of
active duty service, and served a total of 2 years, 6 months,  and  27  days
of net active service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial as her narrative reason for separation and  SPD
of “MND” are correct and no corrective action is required.   Although  there
is no AF IMT 31, Airman’s Request for Early Separation/Separation  Based  on
Change in Service Obligation, on file in her master personnel  records,  the
Military  Personnel  Data  System  (MilPDS)  indicates  that  the  applicant
voluntarily submitted a request for separation under the provisions  of  AFI
36-3208,   Administrative   Separation    of    Airmen,    paragraph    3.15
(miscellaneous/general reasons), which was approved with an  effective  date
of 9 February 2007.

Based on the documentation in MilPDS, the  separation  was  consistent  with
the procedural and substantive requirements of the discharge regulation  and
was within the discretion of the discharge  authority.   The  applicant  did
not submit any evidence or identify any errors or injustices  that  occurred
in the discharge processing, and provided no facts warranting  a  change  to
her narrative reason for separation.

The AFPC/DPPRS evaluation, with attachment, is at Exhibit C.

AFPC/JA  recommends  denial  as  the  requested  relief  is  not  warranted.
According to the evidence presented, the applicant applied for  unemployment
compensation in Wisconsin after being discharged.  Her military service  was
determined not to be “federal military service” within the  meaning  of  the
statute because she did not complete  her  first  full-term  of  service  or
qualify for the exceptions under  the  statute;  e.g.,  convenience  of  the
government, medical, hardship.  Force Shaping Programs applicable to  first-
term airmen during this time-period included Date  of  Separation  Rollback,
an  involuntary  separation.   The  applicant  applied   for   a   voluntary
miscellaneous separation which is not a Force Shaping program.

The Unemployment Compensation for Ex-Service-Members Program (UCX)  provides
benefits for eligible ex-military  personnel  and  is  administered  by  the
States as agents of the Federal government.  Federal law specifies  when  an
ex-service-member is entitled to UCX, and  an  ex-service-member  must  have
either completed the first  full-term  of  active  service  for  which  they
agreed to serve, or must be separated for the convenience of the  Government
under an early release program, for medical reasons,  because  of  hardship,
or because of personality disorders or  inaptitude.   Separations  from  the
Air Force based on those reasons would be detailed on the  DD  Form  214  as
reasons for separation, and for  ex-service-members  who  did  not  complete
their first full term of service,  a  “Miscellaneous”  separation  generally
would not serve as an exception for qualifying for UCX.

To obtain relief,  the  applicant  must  show  by  a  preponderance  of  the
evidence there exists some error or injustice warranting  corrective  action
by the Board.  The United States Court of Claims has repeatedly  defined  an
injustice in the context of the BCMR as “treatment by  military  authorities
that shocks the sense of justice.”   The  applicant  requested  a  voluntary
“miscellaneous” separation and was separated.  The  DD  Form  214 accurately
reflects the basis for separation, and there was  no  information  available
or presented by the applicant to demonstrate error or injustice with  regard
to the separation or separation code.

The applicant requests the basis for her separation  change  to  “education”
or  “force  reduction,  etc.”,  but  fails  to  provide  any   evidence   to
substantiate a change.  Further, the reason for separation must satisfy  the
meaning of “federal  service”  to  change  UCX  eligibility.   Thus,  simply
changing the narrative to any other reason  would  not  provide  the  relief
sought, and the facts  as  presented  by  the  record  and  the  application
indicate the applicant is not eligible for UCX.

The AFPC/JA evaluation is at Exhibit D.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

At the time of her separation, the “miscellaneous/general” narrative  reason
for discharge seemed to be the easiest and best choice, as  there  was  more
than one she was able to file under.

Although the request for change is brought about due to the  denial  of  her
application for unemployment, she does not want the Board  to  believe  that
this is her sole reason for requesting the change.  She states she has  come
to realize the importance  of  changing  her  DD  Form  214,  not  only  for
unemployment benefits, but also education (college  enrollment)  and  future
employment.  Had she realized the importance of  the  narrative  reason  for
discharge, she would have filed for early separation with her  main  reason,
that being education.  Education was listed among  other  conflicts  of  her
military career, and was, and still is, her main purpose for separating.

Applicant’s complete response is at Exhibit F.

______________________________________________________________





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  error  or  injustice.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an  error  or  injustice.   In
order to provide the relief she seeks, AFPC/JA advises that her  reason  for
separation must satisfy the meaning of “federal service” to change  her  UCX
eligibility, and she has failed to provide any evidence to substantiate  her
request that the basis for her  separation  be  changed  to  “education”  or
“force reduction, etc.”  The applicant voluntarily submitted a  request  for
separation, was subsequently separated prior to completing her first,  full-
term of active duty service, and her DD  Form  214 accurately  reflects  the
basis for separation.  Based on the documentation in MilPDS, the  separation
was consistent with the  procedural  and  substantive  requirements  of  the
discharge  regulation  and  was  within  the  discretion  of  the  discharge
authority.  The applicant did  not  submit  any  evidence  or  identify  any
errors  or  injustices  that  occurred  in  the  discharge  processing,  and
provided  no  facts  warranting  a  change  to  her  narrative  reason   for
separation.    Therefore, in the absence of evidence  to  the  contrary,  we
find no compelling basis to recommend granting the  relief  sought  in  this
application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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  Docket  Number  BC-2007-01763
in Executive Session on 25 October 2007, under the  provisions  of  AFI  36-
2603:

                       Ms. Kathleen F. Graham, Panel Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 May 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS , dated 19 Jul 07, w/atchs.
    Exhibit D.  Letter, AFPC/JA, dated 30 Aug 07.
    Exhibit E.  Letter, Applicant, undated
    Exhibit F.  Letter, SAF/MRBR, dated 14 Sep 07.
    .




                                   KATHLEEN F. GRAHAM
                                   Panel Chair