RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-04532
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
The following sections on her DD Form 214, Certificate of Release or
Discharge from Active Duty, be changed:
1. Block 13: Decorations, Medals, Badges, Citations and Campaign
Ribbons Awarded or Authorized. Add Space Badge for Advanced Training in
Satellite Operations awarded 2 Jul 90; Air Force Good Conduct Medal
(AFGCM).
2. Block 14: Military Education. Add Basic Military Training, 6
weeks, Dec 87; Student Leader Orientation Training, Jan 88; Student Leader
Training Class 88-1, Mar 88; Basic Typing for Cryptologic Trainees, 45
hours, Jan 88; Basic Non-Morse Operator Course, 880 hours, Jul 88; Garlick
Operator Course, 80 hours, Aug 88; Associate in Applied Science in
Intelligence Collection, Community College of the Air Force (CCAF), 65
credit hours, Oct 91. Examiner’s Note for Item 2: Basic Military Training
is already on the applicant’s DD Form 214 and the remaining items have been
verified for approval and administrative correction.
3. Block 21: Signature of Member Being Separated. Change from
“Member Not Available to Sign” to bearing her personal signature.
4. Block 24: Character of Service. Upgrade from General (Under
Honorable Conditions) to Honorable.
5. Block 25: Separation Authority. Upgrade from “AFR 39-10,
Separation Upon Expiration of Term of Service, for Convenience of
Government, Minority, Dependency and Hardship” to a more appropriate
regulation or authority.
6. Block 26: Separation Code. Change from “JKN” (Misconduct –
Minor Disciplinary Infractions), to a more appropriate code.
7. Block 27: Reentry Code. Upgrade from “2B” (Discharged General
Under Honorable Conditions) to a more appropriate code that would allow
reenlistment.
8. Block 28: Narrative Reason for Separation. Upgrade from
“Misconduct – Pattern of Minor Disciplinary Infractions” to a more
appropriate explanation for discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her discharge was unjust. During this time, she was under extreme
emotional distress caused by a physically abusive marriage. She did not
have the foresight to see the negative impact her discharge would have on
her life. She signed the DD Form 214 without understanding the process of
the involuntary discharge because it was not explained to her. She was not
given advice and was not extended her right to consult with counsel. She
never signed a waiver declining counsel.
Based on her achievements and overall quality of service, an honorable
discharge could have been granted. Her ability to perform her duties
effectively was not taken into consideration nor was her potential for
advancement and leadership accounted for.
Her rights were violated through improper protocol and failure to follow
procedure for involuntary discharge. Her discharge was based on misconduct
and a pattern of minor disciplinary infractions; however, the specific
pattern of misconduct was never cited. She was not provided supporting
documents that revealed a series of offenses serious enough to support the
reason for discharge. She received a Letter of Reprimand (LOR) and a
reduction in grade for fraternization. At the time, she was 18 years old
and new to the military; however, she learned a valuable lesson from her
poor judgment and she never repeated it again. A few years later, she
received a Letter of Counseling (LOC), but she cannot recall what the LOC
was for. The two incidents were isolated events that were remote in time
which should not have constituted a pattern of minor disciplinary
infractions.
She was never notified that her discharge review had commenced. She was
not extended a chance to sign her DD Form 214. Her awards and educational
achievements should be duly noted.
In support of her request, the applicant submits copies of her DD Form 214,
CCAF correspondence, certificates of training, post service information and
college transcripts.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 17 Jun 93, the Board considered and denied a similar request submitted
by the applicant to upgrade her general discharge to honorable. The
relevant facts in this case are contained in the Record of Proceedings at
Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial of the applicant’s request for the AFGCM.
DPSIDR states the applicant was informed that a review of her record
revealed an error; therefore, her DD Form 214 was reaccomplished. The
voided DD Form 214 reflected entitlement to the AFGCM; however, the
administratively corrected version did not. DPSIDR notes that during her
time in military service, the applicant received an LOR, four (4) LOCs and
an Article 15 which included a reduction in rank.
DPSIDR states the AFGCM is awarded to enlisted service members for
exemplary conduct during a three year period of military service. Service
member awarded this medal must have had character and efficiency ratings of
excellent or higher and no convictions of court martial throughout the
qualifying period. The infractions mentioned in the applicant’s records
led to her recommendation and final approval for discharge. She is,
therefore, ineligible for entitlement to the AFGCM.
The complete DPSIDR evaluation is at Exhibit C.
HQ AFPC/DPSIMC recommends denial of the applicant’s request for the USAF
Space Badge. DPSIMC states the Space Badge was authorized in 1982 and
renamed the Space and Missile badge in 1993. It was awarded to enlisted
personnel in the Space Systems career field. Individuals must have
performed in a space duty position for 12 months to receive the basic Space
Badge. DPSIMC notes the applicant’s unit was classified as a space unit
and she served in a space duty position for the required time; however, in
accordance with AFI 36-2903, (Dress and Personnel Appearance of Air Force
Personnel), Table 5.4., Note 3 states that “the old Space/Missile badge is
authorized for former members that were authorized the badge via the AF
Form 117, (Request for Award of Space Badge) and that it is authorized for
wear until an individual separates or retires.”
The complete DPSIMC evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In a three-page response, the applicant reiterates many of her earlier
contentions and offers explanations for the LOCs she received.
The applicant’s complete submission 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 not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice regarding the requested relief with the
exception of that granted administratively. In that regard, we note that
the appropriate Air Force offices of primary responsibility are
administratively correcting the applicant’s records to reflect award of the
Space and Missile Badge for duties performed while assigned to her space
unit and all items requested to be corrected in Block 14, Military
Education, of her DD Form 214. Regarding the applicant’s request for
upgrade of her discharge, we note this Board has previously considered and
denied this request. We do not find sufficient new and relevant evidence
that would warrant a reversal of our prior decision. Additionally, we also
do not find sufficient evidence has been provided to warrant changing the
applicant’s reentry code, narrative reason for separation, and the
separation code. Based on our review of the complete evidence of record,
to include the applicant’s current submission, we find that her discharge,
RE code, narrative reason and SBP code are correct. Therefore we find no
basis to recommend granting the relief sought in this application beyond
that already administratively corrected.
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 issue 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 in AFBCMR BC-2009-04532 in
Executive Session on 16 Sep 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Dec 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 27 May 10.
Exhibit D. Letter, HQ AFPC/DPSIMC, undated.
Exhibit E. Letter, SAF/MRBR, dated 13 Aug 10.
Exhibit F. Letter, Applicant, dated 24 Aug 10.
Panel Chair
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