RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00771
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation be corrected.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her previous DD Form 214, Certificate of Release or Discharge
from Active Duty was re-accomplished because an erroneous
separation code was entered on it. However, she believes the
narrative reason for separation needs to be corrected, as well.
In support of her request, the applicant provides a copy of her
corrected DD Form 214 and a letter from her former supervisor.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 February 1994, the applicant enlisted in the Regular Air
Force.
On 29 August 1996, the applicant was notified of her commanders
intent to recommend that she be discharged from the Air Force
under the provisions of AFPD 36-32, Air Force Military Training
and AFI 36-3208, Administrative Separation of Airmen, paragraph
5.52, Commission of a Serious Offense. The applicant
acknowledged receipt of the notification of discharge, right to
seek counsel and submit a statement on her own behalf.
The specific reasons for this action were: 1) On 10 June 1996,
the applicant was convicted by a special court-martial for two
violations of Article 123a, Uniform Code of Military Justice
(UCMJ); for writing checks without sufficient funds; one
violation of Article 134, UCMJ; for failure to pay a just debt
and one violation of Article 107, UCMJ; for making a false
official statement. She was sentenced to confinement for three
months, forfeiture of $300 per month for six months, and reduced
in grade to airman basic.
On 7 October 1996, Staff Judge Advocate found the case to be
legally sufficient and recommended the applicant be discharged
with a general (under honorable conditions) discharge, without
probation and rehabilitation. The discharge authority approved
the applicants discharge. On 15 October 1996, the applicant
was discharged from the Air Force with a general (under
honorable conditions) discharge in the grade of airman basic.
She was credited with 2 years, 5 months and 16 days of total
active service.
On 21 November 1996, the applicant was erroneously issued a DD
Form 214, Certificate of Release or Discharge from Active Duty,
reflecting a separation code as JKL, which denotes Misconduct
(Sexual Perversion). However, the Air Force Personnel Center
corrected the error and reissued the applicants DD Form 214
showing her separation code as JKQ, which denotes Misconduct
(Serious Offense).
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS addressed the reason for
the applicants discharge from the Air Force. DPSOS states the
applicants narrative reason for separation (misconduct) was
appropriate and the documentation on file in the master
personnel records supports the basis for discharge.
The applicants discharge was consistent with the procedural and
substantive requirements of the discharge instruction and was
within the discretion of the discharge authority. In addition,
the applicant did not provide any facts warranting a change to
her narrative reason for separation.
The complete DPSOS evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 22 July 2011, for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
response.
_________________________________________________________________
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
applicants request for a change in her narrative reason for
separation. We note that while the erroneous separation code
originally assigned to the applicant had to be corrected, the
narrative reason for separation of misconduct issued at the
time of her separation accurately reflects the circumstances of
her separation and should remain unchanged. Therefore, we agree
with the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for
our conclusion the applicant has not been the victim of an error
or injustice. In the absence of persuasive evidence to the
contrary, we find no 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 AFBCMR Docket
Number BC-2011-00771 in Executive Session on 23 August 2011,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 November 2010, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPSOS, Letter, dated 26 May 2011.
Exhibit D. SAF/MRBR, Letter, dated 22 July 2011.
Panel Chair
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