RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00914 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her character of service be corrected to reflect Honorable, instead of Not Applicable. ________________________________________________________________ APPLICANT CONTENDS THAT: She was personally assaulted while in basic military training by one of the commanders. Had this assault not occurred, she would have made it much further in the Air Force, as evidenced by her entry and exit scores. In support of her request, the applicant provides copies of her DD Form 214, Certificate of Release or Discharge from Active Duty, and Department of Veterans Affairs Rating decision. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Applicant’s military personnel records indicate she enlisted in the Regular Air Force on 26 Nov 85 for a period of four years in the grade of airman basic (E-1). On 14 Feb 86, the applicant was notified by her commander of her intent to recommend the applicant’s discharge for failure to adapt to the military environment in accordance with AFR 39-10, Administrative Separation of Airmen. The reasons for the action were: a. She was, on 30 Jan 86, counseled for failing to turn in her homework on 28 and 29 Jan 86. b. She did, on 31 Jan 86, fail six out of six progress checks on major sections. c. She did, on 4 Feb 86, only pass two objectives on her third time testing. d. She was, on 4 Feb 86, counseled for not having her room in inspection order. e. She was, on 10 Feb 86, administratively eliminated from technical training. On 18 Feb 86, the applicant acknowledged receipt of the notification of discharge, declined legal counsel and waived her right to submit statements on her behalf. On 20 Feb 86, the discharge authority approved the commander’s recommendation, directing the applicant’s separation for unsatisfactory entry level performance and conduct. On 20 Feb 86, the applicant was furnished an entry level separation and was credited with 2 months and 25 days of total active service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends administrative correction to the applicant’s service characterization from “Not Applicable” to “Uncharacterized”, noting airmen are given entry-level separation with uncharacterized service when separation is initiated within the first 180 days of continuous active service. Should the Board determine the applicant receive an Honorable service characterization, they recommend the separation code and narrative reason for separation be changed to read “KFF” and “Secretarial Authority”, respectively. A complete copy of the AFPC/DPSOS evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant contends she did not feel safe telling anyone about what had occurred because it was perpetrated by a person of rank and no one was safe. She would have received help and stayed in the service had anyone shown some compassion or at least looked at the facts of her case during her out-processing. A complete copy of the applicant’s response is at Exhibit E. ________________________________________________________________ 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 an error or injustice warranting changing the applicant’s character of service to honorable. We took notice of the applicant’s complete submission in judging the merits of the case; however, a majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility and adopts its rationale as the basis for our conclusion the applicant’s entry level separation was in accordance with the substantive requirements of the governing regulation. We note the applicant’s contention she was sexually assaulted. However, she has failed to provide sufficient evidence she was indeed assaulted, her chain of command was aware of said assault, or that she would have been retained if her chain of command was aware of the situation and able to provide her with support and assistance. Additionally, while we find the character of service reflected on the applicant’s DD Form 214 to be inaccurate, an administrative correction to reflect “Uncharacterized” is the most appropriate remedy in this case. Therefore, in view of the foregoing, and in the absence of evidence to the contrary, a majority of the Board concludes that no basis exists to recommend granting the relief sought in this application. ________________________________________________________________ RECOMMENDATION OF THE BOARD: A majority of the Board finds insufficient evidence of error or injustice and recommends the application be denied. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00914 in Executive Session on 18 Nov 09, under the provisions of AFI 36-2603: , Panel Chair , Panel Member , Member By a majority vote, the Board voted to deny the application. Mr. Sommer voted to correct the records but does not desire to submit a Minority Report. The following documentary evidence pertaining to AFBCMR Docket Number BC-2009-00914 was considered: Exhibit A. DD Form 149, dated 1 Apr 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 10 Aug 09. Exhibit D. Letter, SAF/MRBR, dated 18 Sep 09. Exhibit E. VA Form 21-4138, Statement in Support of Claim, dated 24 Sep 09. Panel Chair AFBCMR BC-2009-00914 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: AFBCMR Application of APPLICANT I have carefully reviewed the evidence of record and the recommendation of the Board members. A majority found that applicant had not provided sufficient evidence of error or injustice and recommended the case be denied. I concur with that finding and their conclusion that the relief sought is not warranted. Accordingly, I accept their recommendation that the application be denied. Please advise the applicant accordingly. Director, Air Force Review Boards Agency