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AF | BCMR | CY2002 | 0103208
Original file (0103208.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-03208
            INDEX NUMBER:  100.00
            COUNSEL:  NONE


            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her uncharacterized discharge and  Reenlistment  Eligibility  (RE)  Code  be
upgraded to allow her to enter the Air National Guard (ANG).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The incident leading to her discharge was temporary and she has  long  since
recovered with no further complications.

The applicant states that early in her  career  she  was  young  and  lacked
appropriate coping skills to deal with the death of a family member.   Since
she was new to the Air Force, she thought the best thing to do would  be  to
discontinue her service.   Since  her  discharge,  she  has  married,  lived
overseas, obtained an  associate’s  degree,  and  worked  closely  with  the
military community.

In support of the appeal, the applicant submits documentation regarding  her
post-service activities.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 15  October  1997  for  a
period of four years.

The applicant  was  notified  on  9  April  1998,  that  her  commander  was
recommending that she be discharged from  the  Air  Force  for  entry  level
performance and conduct.  The reason for this action was that the  applicant
was diagnosed as having an adjustment disorder with depressed mood  features
which significantly impaired her ability  to  function  effectively  in  the
military environment.



On 20 April 1998, the applicant  received  an  uncharacterized  entry  level
separation under the provisions of AFI 36-3208 (Entry Level Performance  and
Conduct), and was issued an RE Code of 2K (formally  notified  by  the  unit
commander of initiation of involuntary separation action).  She completed  6
months and 6 days of active service.

_________________________________________________________________

AIR FORCE EVALUATIONS:

The BCMR Medical Consultant recommends the applicant’s RE  Code  be  changed
to 3K (Reserved for use by HQ AFPC or the Air Force Board for Correction  of
Military Records  (AFBCMR)  when  no  other  reenlistment  eligibility  code
applies or is appropriate) which will allow military  authorities  to  waive
the reason for her  discharge  if  she  is  otherwise  fully  qualified  for
military  service.   The   BCMR   Medical   Consultant   states   that   the
circumstances that led to her separation have apparently  been  resolved  as
is often the case with adjustment disorders, and she now appears  ready  and
capable of  rendering  satisfactory  military  service  as  an  ANG  member.
Therefore, it would seem  appropriate  to  consider  granting  her  request,
particularly in light of current world situations and  the  military’s  need
for volunteers.   However,  her  uncharacterized  discharge  should  not  be
changed as it reflects her separation before completing a period of  service
(i.e., 180-days of continuous active service) that would allow an  honorable
characterization.

A complete copy of the evaluation is at Exhibit C.

AFPC/DPPRS concurs with the  BCMR  Medical  Consultant’s  recommendation  to
change the applicant’s RE Code to 3K.  In  addition,  AFPC/DPPRS  recommends
changing  the  applicant’s  separation  code  and   narrative   reason   for
separation to “JFF - Secretarial Authority.”   AFPC/DPPRS  states  that  the
applicant’s discharge was in error  and  she  should  have  been  discharged
under AFI 36-3208, paragraph 5.11.1 (Mental  Disorders)  for  an  adjustment
disorder that interfered with her duty performance and that was  not  within
the purview of a  disability  process.   The  Department  of  Defense  (DoD)
determined if a member served less than 180 days of continuous  service,  it
would be unfair to the member and the service to characterize their  limited
service.  Therefore, applicant’s uncharacterized  character  of  service  is
correct and in accordance with DOD and Air Force instructions.

A complete copy of the evaluation is at Exhibit D.

AFPC/DPPAE concurs with the  BCMR  Medical  Consultant’s  recommendation  to
change the applicant’s RE Code to 3K (Reserved for use by  HQ  AFPC  or  the
Air Force Board for Correction of Military Records (AFBCMR)  when  no  other
reenlistment eligibility code applies or is appropriate) (Exhibit E).
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the  applicant  on  12
April 2002 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  to  warrant  changing  the  applicant’s
uncharacterized discharge to honorable.  We took notice of  the  applicant's
complete submission in judging the merits of this portion  of  her  request;
however, since she was separated prior to completing 180-days of  continuous
active service, her discharge should  remain  uncharacterized.  There  being
insufficient evidence to the  contrary,  we  find  no  compelling  basis  to
recommend changing her uncharacterized discharge to an honorable discharge.

4.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of injustice to warrant  changing  the  applicant’s  RE  Code  and
narrative reason for separation.  In this respect, we  note  that  the  BCMR
Medical  Consultant  states  that  the  circumstances  that   led   to   the
applicant’s separation have apparently been resolved as is  often  the  case
with adjustment  disorders,  and  she  now  appears  ready  and  capable  of
rendering satisfactory military service  as  an  Air  National  Guard  (ANG)
member.  However, the applicant contends that her RE Code is preventing  her
from serving her country as an ANG  member.   AFPC/DPPRS  concurs  with  the
BCMR Medical Consultant’s recommendation to change the applicant’s  RE  Code
to 3K and also recommends changing her separation code and narrative  reason
for separation to “JFF - Secretarial Authority.”  In view of  this,  and  in
order to afford the applicant the opportunity to  apply  for  entry  in  the
Reserve or Guard, we believe her records should be corrected as  recommended
by the Air Force.  Whether or not she  is  successful  will  depend  on  the
needs of the service and our recommendation in no way  guarantees  that  she
will be allowed to return to any  branch  of  the  service.   Therefore,  we
recommend her records be corrected to the extent indicated below.

_________________________________________________________________




THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that on 20 April 1998,  she  received  an
uncharacterized entry level separation under the provisions of AFI  36-3208,
by reason of  Secretarial  Authority,  with  Separation  Program  Designator
(SPD) Code “JFF,” and Reenlistment Eligibility code “3K.”

_________________________________________________________________

The following members of the Board  considered  Docket  Number  01-03208  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

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

      Exhibit A.  DD Form 149, undated, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 28 Dec 01.
      Exhibit D.  Letter, AFPC/DPPRS, dated 4 Feb 02.
      Exhibit E.  Letter, AFPC/DPPAE, dated 1 Apr 02.
      Exhibit F.  Letter, SAF/MRBR, dated 12 Apr 02.




             JACKSON A. HAUSLEIN
                                  Panel Chair






AFBCMR 01-03208




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 20 April 1998, she
received an uncharacterized entry level separation under the provisions of
AFI 36-3208, by reason of Secretarial Authority, with Separation Program
Designator (SPD) code “JFF,” and Reenlistment Eligibility Code “3K.”






                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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