RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03112
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be issued DD Forms 256, Honorable Discharge Certificates, for
all periods of his enlistments that resulted in discharges for
the purpose of immediate reenlistments.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received favorable responses on his other requests from the
offices of primary responsibility (OPRs) and is very pleased.
However, he did not receive a favorable response from AFPC/DPSOY
and believes that their reference to the Air Force Instructions
is incorrect or is not in compliance with higher authority
mandates under Federal Statutes and DoD Instruction, clearly
indicate the Services have the option of issuing a DD Form 214 to
members discharged from the purpose of immediate reenlistment.
The same language is also clear that Services not providing a DD
Form 214 will provide a DD Form 256. The text does not provide
for options or place time constraints with regard to issuing a DD
Forms 256.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants case was administratively closed on 24 Feb 12;
however, in a letter dated 12 Jun 12, he requested his case be
reopened for the Board to consider issuing him a DD Form 256.
AFPC/DPSOY made the following administrative corrections to the
applicants DD Form 214:
a. Block 11 9J000 was removed.
b. Block 12c/12e Adjusted lost time.
c. Block 13 Added Armed Forces Expeditionary Medal (Southern
Watch).
d. Block 14 All other courses were added.
e. Block 18 Added reissue statement, adjusted continuous
service dates.
In a letter to the applicant, dated 26 Jan 12, DPSOY states,
Based on AFI 36-3202 (see attached) a 256AF is provided if there
is more than 24 hours of previous discharge, a break in service.
After review of your records, there is no break in service.
AFPC/DPSIDC verified that the applicant was arrested on 3 Jan 07,
pled guilty, and received a general (under other than honorable
conditions) discharge effective 10 Oct 08. The applicants
Primary Air Force Specialty Code (AFSC) was 9A200 with a Duty
AFSC of 9J000 (Prisoner), effective 7 Jul 07.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOR recommends denying the applicants request to have a
DD Form 256A issued for each reenlistment. In accordance with
the governing instructions, the Air Force does not issue
Honorable Discharge Certificates to members who reenlist within
24 hours of their previous discharge. Further, the policy is
based on the provisions in DoD Instruction 1336.01, dated 20 Aug
09, which states that issuance of the DD Form 256 for immediate
enlistment or reenlistment is optional (at the discretion of the
Military Service).
The complete DPSOR evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reiterates his request to be issued a DD Form 256
for all periods of enlistments that resulted in a discharge for
the purpose of immediate reenlistment.
The applicants complete submissions, with attachments, are at
Exhibit E and G.
_________________________________________________________________
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. Sufficient relevant evidence has been presented to
demonstrate the existence of error or injustice. In this
respect, while we note the opinion and recommendation of the Air
Force office of primary responsibility with regard to issuing a
DD Form 256; however, it is clear that DoDI 1336.01 specifically
states,
Military Services not providing the DD Form 214 will
furnish the Service member a DD Form 256, Honorable Discharge
Certificate,
In view of this and since the applicant did not
receive DD Forms 214 in conjunction with his discharges for
immediate reenlistment, he should be issued DD Forms 256 in
accordance with the governing instruction for each period of
honorable service that he was discharged for immediate
reenlistments. Therefore, we recommend that the records be
corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that he be issued
Honorable Discharge certificates for his honorable discharges on
27 March 1988, 5 March 1996, 21 January 2001, and 18 January
2005.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-03112 in Executive Session on 16 Apr 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. Due to
the unavailability of XXX, XXX will sign as
Acting Panel Chair. The following documentary evidence was
considered:
Exhibit A. DD Form 149, dated 7 Jul 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, Applicant, dated 12 Jun 12.
Exhibit D. Letter, AFPC/DPSOR, dated 12 Jul 12.
Exhibit E. DD Form 149, dated 26 Jul 12, w/atchs.
Exhibit F. Letter, SAF/MRBR, dated 20 Aug 12.
Exhibit G. Letter, Applicant, dated 28 Jan 13, w/atchs.
Acting Panel Chair
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