AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02310
INDEX CODE: 110.02
XXXXXXX COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. His separation code of "JKN" which denotes "Misconduct" and his
reenlistment eligibility (RE) code of “2B” which denotes "Separated
with a General or under-other-than-honorable-conditions (UOTHC)
discharge" be changed to allow him to enlist in the United States Air
Force (USAF) or the USAF Reserves (USAFR).
2. Block 15a (Member contributed to post-Vietnam Era Veterans'
Education Assistance Program) on his DD Form 214, Certificate of
Release or Discharge from Active Duty, be changed from "No" to "Yes".
______________________________________________________________
APPLICANT CONTENDS THAT:
While he was in basic training, he contributed 1,200 dollars to the
Montgomery GI Bill (MGIB). He makes no contention why his RE code
should be changed.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 24 March 1999.
On 26 July 2001, he was notified by his commander that he was
recommending him for discharge for minor disciplinary infractions
under the provisions of AFPD 36-32, Air Force Military Training and
AFI 36-3208, Administrative Separation of Airmen, chapter 5, paragraph
5.49, Minor Disciplinary Infractions.
The specific reasons for this action were:
On 21 June 2000, he received a Letter of Counseling (LOC) for
reporting to duty out of uniform.
On 24 July 2000, he received a LOC for reporting to work 30 minutes
late.
On 17 August 2000, he received an Letter of Reprimand (LOR) for
reporting to work 30 minutes late.
On 30 August 2000, he received a LOC for neglecting to pay his
Deferred Payment Plan (DPP) bill on time.
On 15 September 2000, he received an LOR for not reporting to work as
directed, neglecting his responsibilities, and making a false official
statement to an officer in the USAF.
On 2 November 2000, he received an LOR for being late for a scheduled
class, causing him to miss his initial chemical warfare class a second
time.
On 9 November 2000, he received an LOR for failing to go to his
appointed place of duty.
On 18 January 2000, he received an LOR for failing to report to work
on time.
On 8 Feburary 2001, he received an LOR for not immediately reporting
to work during a recall.
On 26 March 2001, he received an LOC for charging into an office,
without any respect, while non-commissioned officers were engaged in a
conversation.
On 13 April 2001, he received a Record of Individual Counseling (RIC)
for leaving his dump truck running unattended. In addition, he did
not sign off the AF Form 1806, Vehicle Inspection Card, as he was
required to do.
On 23 April 2001, he received a speeding ticket for going 11 miles per
hour (MPH) over the speed limit in base housing.
On 29 May 2001, he received an LOR and an Unfavorable Information File
(UIF) was established for taking college courses while he was in
upgrade training even though he had been directed not to take any
classes until he completed his Career Development Course (CDC).
On 22 June 2001, he was punished under Article 15, Uniform Code of
Military Justice (UCMJ) for failing to go at the time prescribed to
his appointed place of duty.
On 1 July 2001, he received an LOR for failing to obey a direct order
to not log on to any computer in the shop while performing his extra
duty.
On 4 July 2001, he received an LOR for failing to go to his appointed
place of duty.
After being advised of his rights, he submitted statements on his own
behalf.
On 7 August 2001, the case was reviewed by the base legal services and
found to be legally sufficient to support the discharge.
On 9 August 2001, the discharge authority approved the separation and
ordered a general service characterization and no opportunity for
probation and rehabilitation.
On 14 August 2001, he received a general (under honorable conditions)
discharge in the grade of airman.
He served 2 years, 4 months and 20 days on active duty.
On 6 August 2007, HQ AFPC/DPPAT provided the applicant a letter to
ensure he understood the purpose of the Block 15a entry in his records
and the consideration that must be made before his DD Form 214 was
changed. DPPAT stated Block 15a of the DD Form 214 pertains to
individuals with Veterans Education Assistance Program (VEAP)
benefits. It states this option was only available for individuals
who entered service between 1 January 1977 and before 1 July 1985.
His date of entry was 24 March 1999 and his records reflect on 5 April
1999, he elected to participate in the MGIB because of this, block 15A
does not require correction.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommends denial. DPPAE states the applicant's commander
notified him that he was recommending his discharge for minor
disciplinary infractions. The applicant acknowledged the commander's
intent and submitted a statement on his behalf. DPPAE finds no
evidence of error or injustice; nor did the applicant submit evidence
of any.
The complete DPPAE evaluation, with attachments, is at Exhibit C.
AFPC/DPPRS recommends denial. DPPRS states the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation. In addition, the discharge was within the sound
discretion of the discharge authority. The applicant did not submit
any evidence or identify any errors or injustices that occurred in his
discharge processing.
The complete DPPRS evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by providing a letter from the Nevada State
Apprenticeship Council, a Diploma and several certificates of
recognition/commendation.
The applicant's complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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 changing the
applicant’s separation code and RE code. 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. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-
02310 in Executive Session on 27 November 2007, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Debra K. Walker, Member
Mr. Kurt R. LaFrance, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 October 2006, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. AFPC/DPPAE Letter, dated 13 August 2007, w/atchs.
Exhibit D. AFPC/DPPRS Letter, dated 20 August 2007.
Exhibit E. SAF/MRBR Letter, dated 5 October 2007.
Exhibit F Applicant's Response, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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