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AF | BCMR | CY2013 | BC 2013 03284
Original file (BC 2013 03284.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-03284
			COUNSEL: NO
			HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His honorable discharge be changed to an honorable hardship 
discharge. 

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was 20 years old and did not understand how his separation 
would impact his Department of Veteran Affairs (DVA) benefits. 

At the time of his discharge request, he provided a detailed 
letter outlining his family hardship.  His mother was admitted 
to a state hospital and diagnosed with Schizophrenia and a 
Personality Disorder.  She was divorced and homeless with two 
children under the age of 10 with no means of support. 

While deployed, his mother’s mental, financial and residential 
situations rapidly deteriorated; she was unable to hold down a 
job; was evicted numerous times; and was subject to fits of rage 
and outbursts.  

He sought separation from the Air Force to provide stability and 
security for his mother and two school-aged sisters.  

His commander suggested he apply for an early out.  Based on his 
advice he applied for an early separation; wrote a letter 
detailing his circumstances, and was separated on 19 Jun 92.

He never questioned how the “coding” of his separation would 
affect his DVA benefits.  

He is a father and husband looking to secure a home for his own 
family.  His service which was honorable and during a time of 
National Defense, entitles him to a DVA home loan; however, the 
processing error on his DD Form 214, Certificate of Release or 
Discharge from Active Duty makes him ineligible.

In support of his appeal, the applicant provides a personal 
statement and copies of his mother’s medical records.



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

_________________________________________________________________

STATEMENT OF FACTS:

On 12 Dec 90, the applicant enlisted in the Regular Air Force. 

In letters dated, 9 Apr 92, the applicant submitted a request 
for voluntary separation for miscellaneous reasons with an 
effective date of 15 Jun 92.  The applicant cited the lack of 
advancement, the uncertain future of his Air Force Specialty 
Code (AFSC), 20731 (APR Morse Systems Operator) and his personal 
and professional encounters with Air Force policies left him 
with no desire to remain a part of the Air Force  He stated it 
would be in his best interest to pursue other avenues. 

On 18 Apr 92, the applicant’s supervisor initiated an AF Form 
418, Selective Reenlistment/Noncommissioned Officer (NCO) Status 
Consideration, recommending he be non-selected for reenlistment.  
The supervisor indicated the applicant had not performed his 
assigned duties in a manner commensurate with his rank, skill 
level, and training time provided.  Specifically, the applicant 
falsified an evaluation and knowingly passed invalid evaluation 
results up the chain of command to include his squadron 
commander. 

On 21 Apr 92, the commander concurred with the applicant’s 
request for early separation and noted the separation was in the 
best interest of the Air Force. 

On 22 Apr 92, the applicant’s commander concurred with the 
supervisor’s recommendation and non-selected the applicant for 
reenlistment.  The applicant acknowledged receipt of the 
notification of non-selection for reenlistment and of his right 
to appeal the commander’s decision. 

On 4 Jun 92, the applicant was notified of his commander’s 
intent to non-recommend him for promotion to the grade of airman 
first class. The specific reason for this action was the 
applicant cheated on a formal proficiency examination.  For this 
misconduct, he received a Letter of Reprimand.  The applicant 
acknowledged receipt of the non-recommendation for promotion.  

On 19 Jun 92, the applicant was discharged in the grade of 
airman with a narrative reason for separation of Voluntary – 
Miscellaneous Reasons.  He served one year, six months and eight 
days of active duty service.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  The applicant did not provide any 
evidence of an error or injustice to warrant the requested 
change to his reason for separation. His discharge was correctly 
administered based upon his Reentry (RE) code of 2X.  

DPSOR was unable to confirm what the commander’s intentions were 
regarding the applicant’s non-selection for reenlistment, 
however, the fact remains he submitted a voluntary miscellaneous 
separation request and was given a RE Code of 2X.

After reviewing the applicant’s reason for separation at no time 
did he mention anything regarding his mother’s medical 
condition. 

Based on the documentation on file in the applicant’s personnel 
records, the discharge to include his reason for separation was 
consistent with the procedural and substantive requirements of 
the discharge manual and was within the discretion of the 
discharge authority. 

The complete DPSOR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states there are two issues regarding his request 
for a change of discharge.  First, the description for a 
hardship discharge states “in order to qualify for separation 
under this provision, the hardship must not be of a temporary 
nature; must have developed or become increasingly worse since 
entry on active duty; discharge or release from active duty is 
the only readily available means of alleviation; and the 
individual must have made reasonable effort to relieve the 
conditions through other means available and appropriate to the 
family circumstances.” 

He qualifies for a “hardship” discharge, has supplied medical 
documentation that his mother’s mental illness was genuine and 
provided letters from his family that support his assertions.

The second issue involves why was his honorable discharge 
characterized as “Voluntary-Miscellaneous Reasons” and given a 
RE code of 2X.  He discussed his family concerns and sought 
advice from his commanding officer.  Their conversations were 
personal and off the record due to his participation on the Air 
Force/United Kingdom Ice Hockey team.  During one of their 
conversations, as things were becoming increasingly dire at home 
and his concerns for his family began to physically and mentally 
take a toll on him, his commander informed him that a hardship 
discharge was a long and arduous process and required a lot of 
paperwork.  

His commander suggested a quicker alternative would be to file 
for a voluntary discharge because it would be a faster way for 
him to get stateside.  Also, because of the military draw downs 
(completion of Operations DESERT SHIELD/DESERT STORM) his AFSC 
20731 was becoming an obsolete technology and he would fare 
better going that route as he did not have access to his 
mother’s mental health/medical records.  He trusted his 
commander’s advice based on his rank and his influence as a 
mentor.

At the time of his separation, he believed he was not eligible 
for reenlistment due to the surplus of 20731’s.  His AFSC was 
specific and antiquated and retraining would be a definite 
requirement but at a greater cost to the Air Force.  

He was never informed he was not eligible based on his 
performance in rank, only there was no need for his skills in 
the Air Force Reserves or the Air Force moving forward.

He was a young airman with enormous emotional and personal 
burdens at home, sought out and took the advice of an authority 
figure, and trusted the process and the statements of those 
responsible for his separation from the military.  

In further support of his request, the applicant provides copies 
of letters of support. 

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

_________________________________________________________________

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.  We took notice 
of the applicant’s complete submission in judging the merits of 
the case; however, we find no evidence of an error or injustice 
that occurred in the discharge processing.  While the 
applicant’s response to the Air Force evaluation is noted, we do 
not find his assertions, in and by themselves, sufficiently 
persuasive to override the rationale provided by the Air Force 
Office of Primary Responsibility (OPR).  Therefore, we agree 
with the opinion and recommendation of the Air Force OPR and 
adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice.  In 
view of the above and in the absence of 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-2013-03284 in Executive Session on 6 May 14, under the 
provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

Although chaired the panel, in view of her unavailability, has 
signed as Acting Panel Chair.  The following documentary 
evidence was considered:

	Exhibit A.  DD Form 149, dated 15 Jun 13, w/atchs.
	Exhibit B.  Applicant's Available Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOR, dated 13 Sep 13.
	Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 13.
	Exhibit E.  Letter, Applicant, dated 18 Nov 13, w/atchs.




							
							Acting Panel Chair




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