Search Decisions

Decision Text

AF | BCMR | CY2011 | BC-2011-01751
Original file (BC-2011-01751.txt) Auto-classification: Denied
 

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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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 



Similar Decisions

  • AF | BCMR | CY2011 | BC-2011-02117

    Original file (BC-2011-02117.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02117 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 27, Reentry Code be changed from 4L, which denotes “Separated commissioning program eliminee (OTS, AECP, and so on)” to a code suitable for reentry into the armed services...

  • AF | BCMR | CY2013 | BC 2013 04639

    Original file (BC 2013 04639.txt) Auto-classification: Denied

    He believes he should have received an honorable discharge from the Academy due to his prior service and been allowed to complete his enlistment with ANG. The applicant received an honorable discharge from the ANG; however, his DD Form 214 only characterizes his service time as a basic cadet and not any previous service that he had already been separated. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or...

  • AF | BCMR | CY2011 | BC 2011 01915

    Original file (BC 2011 01915.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01915 COUNSEL: NONE HEARING DESIRED: NO CONGRESSIONAL INTEREST: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 4L (separated commissioning program) be changed to RE-12 (recommended for reenlistment). Examiner’s Note: Code RE-12 is not an Air Force reenlistment eligibility code. ...

  • AF | BCMR | CY2014 | BC 2014 02323

    Original file (BC 2014 02323.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02323 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His reentry (RE) code of “4L” (Separated Commissioning Program Eliminee) be changed to a code that would allow him to reenlist. Since the Air Force Academy is a commissioning program, this code is appropriate regardless of the reason for separation. The following members of the Board considered AFBCMR...

  • AF | BCMR | CY2013 | BC 2013 01492

    Original file (BC 2013 01492.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01492 COUNSEL: HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: 1. ________________________________________________________________ AIR FORCE EVALUATION: USAFA/A1A recommends denying the applicant’s request to change his RE code. The applicant’s attorney states the applicant did not have the right to counsel at his...

  • AF | BCMR | CY2014 | BC 2014 00881

    Original file (BC 2014 00881.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: USAFA/A1A recommends denial indicating there is no evidence of an error or an injustice. However, the Army Personnel Office that is assisting the applicant should take the statement in Block 18 of his DD Form 214 as proof that he was in fact a cadet at a service academy during that...

  • AF | BCMR | CY2014 | BC 2014 02829

    Original file (BC 2014 02829.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02829 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His name be included in the official list of United States Air Force Academy (USAFA) graduates, class of 1966. On 28 Apr 66, according to the DD Form 785, Record of Disenrollment from Officer Candidate-Type Training, the applicant was disenrolled for breach of Cadet Honor Code. Applicant did not file within three...

  • AF | BCMR | CY2006 | BC-2006-00900

    Original file (BC-2006-00900.doc) Auto-classification: Denied

    On 15 October 2003, the applicant was honorably discharged under the provisions of AFI 36-2020 for a pattern of misconduct with an RE code of “4L” which denotes “Separated Commissioning Program Eliminee.” _________________________________________________________________ AIR FORCE EVALUATION: 10 AMDS/CC recommends the requested relief be denied. All cadets disenrolling from Air Force Academy are given this RE code. A copy of the Air Force evaluation is attached at Exhibit...

  • AF | BCMR | CY2008 | BC-2007-02733

    Original file (BC-2007-02733.doc) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: During his time at the US Air Force Academy (USAFA), there were no adverse actions in his Cadet Personnel Record (CPR-II). He received an honorable discharge from the Air Force and was highly recommended for future officer training by both his Air Officer Commanding Officer and Group Commander when he left the USAFA. In addition, AFI 36-2012, Record of Disenrollment from Office Candidate Type...

  • AF | BCMR | CY2007 | BC-2006-03219

    Original file (BC-2006-03219.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03219 INDEX CODE: 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 3 Apr 08 _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry code be changed from 4L to a code that would allow him to continue his career in the US Air Force. Additionally, the Board also concluded the USAF Academy Cadet Sanctions...