RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01751
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
The following blocks on his DD Form 214, Certificate of Release
or Discharge from Active Duty, be corrected:
1. Block 12e: Total Prior Inactive Service: 6 years, 7 months
and 15 days should be removed and placed in 12c Net Active
Service this Period.
2. Block 23: Type of Separation Dismissal should be changed to
Discharge.
3. Block 24: Character of Service Not Applicable should be
changed to Honorable.
4. Block 26: Separation Code JJD (court-martial, other)
should be changed to KBK (normal expiration of service).
5. Block 27: Reentry Code 4L (separated commissioning program
- OTS) should be changed to 1 (fully qualified for
enlistment).
He also requests his dismissal be upgraded to an honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
When completing his Army DD Form 214, he noticed an error on his
Air Force DD Form 214. He has no prior active or inactive
service prior to joining the Air Force. He appealed his
dismissal on 12 February 2007 and received his DD Form 214 from
the Air Force.
He also requests his discharge be upgraded to honorable based on
his current and past active duty Army service of 3 years,
10 months and 23 days.
In support of his appeal, the applicant provides a copy of his
DD Forms 214 from the Air Force and the Army, a copy of his
Record of Proceeding from a previous BCMR case.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was a cadet at the U S. Air Force Academy. On
12 February 2004, pursuant to a General court-martial, the
applicant pled and was found guilty of making false official
statements and wrongfully using cocaine. He was sentenced to
135 days of confinement and dismissal from the service. On
29 July 2006, the sentence was ordered executed by the Secretary
of the Air Force.
________________________________________________________________
AIR FORCE EVALUATION:
USAFA/A1A recommends denial. A1A states the items the applicant
requests correction are true and accurate in accordance with
Department of Defense and Air Force guidelines.
The applicants total prior inactive service is correctly
reflected in block 12e. The applicant was a Cadet at the USAFA.
Cadets and midshipmen are precluded from counting academy
attendance as creditable service for any purpose, 10 U.S.C. 971.
The applicant was dismissed from the service pursuant to a
General court-martial. The term dismissed is appropriate as he
was not discharged.
The applicants service cannot be characterized as honorable as
he was dismissed as a result of a court-martial.
Separation code JJD court-martial, other is the appropriate
code for the applicants DD Form 214. There is no justification
to change the separation code to KBK (normal expiration of
service.
The RE code 4L (separated commissioning program eliminee OTS
and so on) is appropriate because the Academy is a commissioning
program.
The complete AIA 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 15 July 2011, for review and comment within 30 days
(Exhibit D). As of this date, this office has received no
response.
________________________________________________________________
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 and find that the DD Form 214 issued at the time of his
separation accurately reflects the circumstances of the
separation. 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 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 basis to favorably consider 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 AFBCMR Docket
Number BC-2011-01751 in Executive Session on 1 November 2011,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary was considered:
Exhibit A. DD Form 149, dated 5 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, USAFA/A1A, dated 29 Jun 11.
Exhibit D. Letter, SAF/MRBR, dated 15 Jul 11.
Panel Chair
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