RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02332
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His narrative reason for discharge (conscientious objector
(CO)), with the corresponding Separation Program Designator
(SPD) code of KCM and his reentry (RE) code of 2N (conscientious
objector whose religious convictions preclude unrestricted
assignment) be changed.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He requested to be transferred to a non-combatant; however,
somehow his package was lost and he did not receive notification
of this status until Apr 09. He resubmitted a whole new package
in Jul 09. He made it very clear that he had no desire to
separate and wanted to finish a 20 year career. He was advised
that more than likely he would have to separate. He tried to get
his package pulled; however, he was unsuccessful.
In accordance with the Department of Defense Instruction (DODI)
1300.06, Conscientious Objector, he should have had an
opportunity to submit a rebuttal; however, he was never afforded
this opportunity. Throughout the whole process, he has felt
lied to and deceived, and believes his discharge should be
reflected as honorable under normal conditions.
In support of his appeal, the applicant provides a personal
statement; a copy of his DD Form 214, Certificate of Release or
Discharge from Active Duty, issued in conjunction with his
8 Mar 10 separation; a letter of character reference, and an
extract from DODI 1300.6.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOS recommends denial, stating, in part, based on the
documentation on file in the master personnel records, the
discharge was consistent with the procedural and substantive
requirements of the discharge regulation. The applicant
provides no facts warranting a change to the narrative reason
for separation.
The applicant states that his request for CO status took longer
than it should have. Although, the applicant makes a valid
point that his request for discharge as a CO did take longer
than it should have, he was the beneficiary of temporary CO
status since May 08. The applicant had not performed the normal
duties of a Security Forces Airman and avoided hazardous duty in
Afghanistan. Furthermore, the applicant applied for a CO
discharge with full knowledge of the effect that filing for a CO
discharge would have on his military career. He was briefed,
and signed a counseling statement, that as a CO, he may not be
eligible for voluntary enlistment, reenlistment, or active
service in the Armed Forces by reasons of a noncombatant CO
classification.
The complete AFPC/DPSOS evaluation is at Exhibit C.
AFPC/DPSOA notes that the RE code of 2N is correct; however, if
the applicants request to change his narrative reason for
separation is approved, the 2N RE code would no longer apply.
The complete AFPC/DPSOA evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant indicates that some of the facts in the
evaluation were not clear. Once he realized that his initial
request had been lost, he had to reinitiate the whole process,
to include a report from his physicist [sic], chaplain, and
letters of support, which was a painful process the first time
around. He was never informed about the process, never given
due process, which was confirmed by the Area Defense Counsel
(ADC).
He is asking to correct his narrative reason for separation to
reflect that he served his full enlistment and is not requesting
reenlistment into military service.
The applicants complete response, with attachments, 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. The discharge
appears to be in compliance with the governing instruction and
we find no evidence to indicate that his separation or the
reason for his separation from the Air Force were inappropriate,
in error, or unjust. In respect to the applicants RE code, we
note in his response to the evaluation, he is no longer
interested in a change to his RE code. However, at the time of
his separation, the applicants RE code was predicated upon the
quality of his service and the circumstances of his separation.
The RE code of 2N accurately reflects that he was honorably
separated as a conscientious objector. Therefore, after
thoroughly reviewing the evidence of record, and given the
circumstances surrounding his separation, we believe the RE code
issued was in accordance with the governing instructions. In
the absence of evidence to the contrary, we find no 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 issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-02332 in Executive Session on 26 January 2011,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 8 Nov 10.
Exhibit D. Letter, AFPC/DPSOA, dated 9 Nov 10.
Exhibit E. Letter, SAF/MRBR, dated 19 Nov 10.
Exhibit F. Letter, Applicant, dated 27 Nov 10, w/atchs.
Panel Chair
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