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 mothers 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 mothers 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 applicants 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 applicants
request for early separation and noted the separation was in the
best interest of the Air Force.
On 22 Apr 92, the applicants commander concurred with the
supervisors 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 commanders decision.
On 4 Jun 92, the applicant was notified of his commanders
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 commanders intentions were
regarding the applicants 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 applicants reason for separation at no time
did he mention anything regarding his mothers medical
condition.
Based on the documentation on file in the applicants 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.
_________________________________________________________________
APPLICANTS 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 mothers 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
mothers mental health/medical records. He trusted his
commanders 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 20731s. 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 applicants 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 applicants 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
applicants 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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