RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-04482
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

Multiple errors on his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected.  Specifically:

	1.  The Small Arms Expert Marksmanship Ribbon (SAEMR) be added to Block 13.
	
	2.  His reentry (RE) code of 2B in Block 27 be changed.

	3.  His grade in Block 4 reflect Airman First Class  (A1C/E-3) rather than Airman Basic (AB/E-1).

	4.  Block 17 be changed to indicate he was not provided all appropriate dental services prior to separation. 

	5.  His last duty assignment and command in Block 8 be changed to the 512 RQS. 

	6.  His Primary Specialty in Block 11 be changed to reflect the Specialty Code 1A731 and 26 months.  

	7.  His mailing address after separation and nearest relative reflected in Block 19 be changed. 

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APPLICANT CONTENDS THAT:

During the separation process errors were made.  He contacted Randolph Air Force Base on four separate occasions without obtaining satisfactory results. 

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 29 Apr 08.  

On 16 Apr 09, the applicant’s commander issued him non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for Violating UCMJ Article 92; specifically, for being derelict in performance of his duties by: 

	1.  Consuming alcohol in the dorms. 

	2.  Allowing an overnight guest of the opposite sex into his dorm room.  

	3.  Operating, riding in, or utilizing a personal motorized vehicle during Phase I of training.  

	4.  Making a false official statement with intent to deceive by stating he did not drive during Phase I of training.  

On 2 Jun 09, the applicant’s commander notified him he was recommending him for discharge with a general characterization of service.  The reasons for this action were the applicant, in addition to the violations documented on his Article 15, lied about having a dentist appointment and then spent two hours of duty time with his girlfriend, consumed alcohol while underage, violated his curfew, and failed his dormitory room inspection.  

The case was reviewed and determined to be legally sufficient, and on 12 Jun 09, the discharge authority directed the applicant be furnished a general (under honorable conditions) discharge for misconduct.  

On 17 Jun 09, an AFPC/DPSOR/DPSOS dental representative signed as the second endorser on memo entitled Veterans Outpatient Dental Treatment for Discharged or Released Personnel Memorandum stating all appropriate dental services and treatment were not provided by the Armed Forces within 90 days prior to the member’s discharge or release.  

On 19 Jun 09, the applicant was furnished a general (under honorable conditions) discharge, with a narrative reason for separation of “misconduct (minor infractions),” an RE code of 2B, and was credited with 1 year, 1 month, and 21 days of active service.  

On 8 Nov 12, AFPC/DPSIT directed the applicant’s DD Form 214, Block 14, Military Education, be changed to reflect “(IVK) Underwater Egress Training, Nov 2008.”  

On 23 Jun 13, SAF/MRBR directed the applicant’s DD Form 214, Block 20, Member Requests Copy 6 be Sent to California Director of Veterans Affairs, be changed to reflect “No.”  

The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR) which are included at Exhibits C,  D, E, F, and G. 

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, indicating there is no evidence of an error or injustice regarding the applicant’s request for the SAEMR.  The applicant did not submit an AF Form 522 or signed certificate proving award of the SAEMR, and a thorough review of the applicant’s official military personnel record revealed no documentation which verified award of the SAEMR. 

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

AFPC/DPSOA recommends denial, indicating there is no evidence of an error or injustice regarding the applicant’s RE code of 2B.  The applicant was involuntarily discharged for Misconduct (Minor Infraction) with a general (under honorable conditions) character of service.  Prior to his discharge, the applicant’s commander advised him his discharge would be characterized as general.  The RE code of 2B is required per AFI 36-2606, Reenlistment in the USAF, based upon his involuntary discharge with a general (under honorable conditions) character of service.  

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.

AFPC/DPSOE recommends denial, indicating there is no evidence of an error or injustice regarding the applicant’s request to change his rank to A1C on his DD Form 214.  On 16 Apr 09, the applicant received an Article 15 for three counts of dereliction of duty and one count of making a false official statement.  His punishment consisted of a reduction in grade from A1C to AB.  The applicant did not have the required 10 months time-in-grade as an Airman before being reduced in grade to retain the higher grade.  He was properly discharged in the grade of AB. 

A complete copy of the AFPC/DPSOE evaluation is at Exhibit E.

AFPC/DPAMD recommends granting the applicant’s request to change his DD Form 214 to reflect that all dental care was not completed prior to his separation.  The member’s DD Form 214 is marked “Yes” indicating he was provided a dental examination and dental treatments were completed prior to his release from active duty.  However, a memorandum from AFPC/DPSOR states that all appropriate dental services and treatment were not provided by the Armed Forces within the 90 days prior to his discharge.  Accordingly, Block 17 of his DD Form 214 should be corrected to reflect “No.” 

A complete copy of the AFPC/DPAMD evaluation is at Exhibit F.

AFPC/DPSOR recommends denial, indicating there is no evidence of an error or injustice regarding the applicant’s multiple requests to change information on his DD Form 214.  The applicant contends that administrative errors were made during the processing of his DD Form 214, asking that his grade, last duty assignment, command, primary Air Force Specialty Code, time in service, effective pay grade, decorations, mailing address, address of nearest relative, and RE code all be changed.  There is no evidence of an error in the processing of the applicant’s DD Form 214.  

A complete copy of the AFPC/DPSOR evaluation, with attachment, is at Exhibit G.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 19 Aug 13 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit H).

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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 an error regarding the accomplishment of required dental services as represented on the applicant’s DD Form 214.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of AFPC/DPAMD and adopt its rationale as the basis for our conclusion that the relief requested concerning dental treatment should be granted.  Notwithstanding the above, as for the applicant’s several remaining requests regarding his DD Form 214, the Board found insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, we recommend the applicant’s record be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to reflect that Block 17, Member Was Provided Complete Dental Examination and All Appropriate Dental Services and Treatment Within 90 days Prior to Separation, of his DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect “No” instead of “Yes.”

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The following members of the Board considered AFBCMR Docket Number BC-2012-04482 in Executive Session on 22 Oct 13, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 25 Aug 12, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 4 Jan 13.
	Exhibit D.  Letter, AFPC/DPSOA, dated 14 Feb 13.
	Exhibit E.  Letter, AFPC/DPSOE, dated 6 Mar 13.
	Exhibit F.  Letter, AFPC/DPAMD, dated 5 Apr 13.
	Exhibit G.  Letter, AFPC/DPSOR, dated 24 Jul 13, w/atch.
	Exhibit H.  Letter, SAF/MRBR, dated 19 Aug 13.



                                   Panel Chair