RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02878
INDEX NUMBER: 100.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her general discharge and Reenlistment Eligibility (RE) code be upgraded to
allow her to continue her military service until she is ready to retire.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She did not adjust to the military because she experienced a rape while in
the service. She should not be barred from the military and feels the
country needs her services.
The applicant’s complete submission, with attachment is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 9 June 1997, the Air Force Discharge Review Board (AFDRB) considered and
denied applicant’s request to upgrade her discharge to honorable and change
the reason for her discharge.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATIONS:
AFPC/DPPRS recommends the application be denied and states, in part, that
the discharge was consistent with the procedural and substantive
requirements of the discharge regulation at that time. Additionally, the
discharge was within the sound discretion of the discharge authority and
the applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing.
A complete copy of the evaluation is at Exhibit C.
AFPC/DPPAE states that the RE code of 2B denotes that a member has been
separated with a general or under-other-than-honorable-conditions (UOTHC)
discharge. Since the applicant was involuntarily separated and given a
general characterization of service, the RE code of 2B is correct.
A complete copy of the evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Copies of the Air Force evaluations were forwarded to the applicant on 14
December 2001 for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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. After thoroughly reviewing the evidence
of record and noting the applicant’s complete submission, we find no
evidence of error or injustice. In this respect, we note that the
applicant’s discharge appears to be in compliance with the governing Air
Force Regulation in effect at the time of her separation and that she was
afforded all the rights to which entitled. The applicant states that the
behavior leading to her discharge was the result of a rape she experienced
while in the service; however, she has provided insufficient evidence to
support this contention. Furthermore, she provides no evidence that her
separation for a pattern of numerous minor disciplinary infractions was
inappropriate. There being insufficient evidence to the contrary, we find
no compelling basis to recommend granting the relief sought.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issues involved. Therefore, the request for a
hearing is not favorably considered.
________________________________________________________________
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 Docket Number 01-02878 in
Executive Session on 16 May 2002, under the provisions of AFI 36-2603:
Mr. Jackson A. Hauslein, Panel Chair
Ms. Diana Arnold, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Oct 01, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 27 Nov 01.
Exhibit D. Letter, AFPC/DPPAE, dated 7 Dec 01.
Exhibit E. Letter, SAF/MRBR, dated 14 Dec 01.
JACKSON A. HAUSLEIN
Panel Chair
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