Search Decisions

Decision Text

AF | BCMR | CY2002 | BC-2002-02291
Original file (BC-2002-02291.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02291
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general  (under  honorable  conditions)  discharge  be  upgraded  to  an
honorable discharge and his Reenlistment Eligibility (RE) code changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given a general discharge so that his commander could recoup a  bonus
from him.  He failed a Career Development Course (CDC)  test  and  was  sent
for a command directed mental health evaluation  and  was  told  he  had  an
adjustment disorder.  He was  opposed  to  the  involuntary  discharge,  was
discharged and was told it was voluntary.

In support of his appeal, the applicant provided a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 19 April 2000  in  the  grade
of airman basic for a period of 6 years.

On 17 August 2001, the applicant was notified of his commander's  intent  to
initiate discharge action against him for  conditions  that  interfere  with
military service, more  specifically,  an  Adjustment  Disorder  with  mixed
emotional features, Mixed Receptive - Expressive Language disorder,  Reading
Disorder,  and  for  misconduct,  more  specifically,   Minor   Disciplinary
Infractions.



The commander indicated in his recommendation for discharge action  that  on
or about 13  June  2001,  the  applicant  intentionally  failed  his  Career
Development Course test with the purpose to get out of the  Air  Force.   He
had expressed a strong desire to leave military service at any cost and  had
expressed suicidal intentions to his supervisor.  The applicant  received  a
Command Directed Mental Health Evaluation, which resulted in a diagnosis  of
an Axis I, Adjustment Disorder with Mixed Emotional  Features,  Occupational
Problems.  He further indicated that he  did  not  recommend  probation  and
rehabilitation.  Retention in a probationary status  would  be  inconsistent
with the maintenance of good order and discipline and would have an  adverse
impact  on  morale  within  the  squadron.   In  addition,  he   recommended
initiating recoupment action on the  unserved  portion  of  the  applicant’s
enlistment bonus.

The commander advised applicant of his right to consult  legal  counsel  and
submit statements in his  own  behalf;  or  waive  the  above  rights  after
consulting with counsel.

After consulting with counsel, applicant  requested  retention  in  the  Air
Force and indicated that he would submit a written presentation  in  support
of his request for retention.

On  19  September  2001,  the  discharge  authority   approved   applicant’s
discharge.

On 21 September 2001, the applicant was discharged  with  a  general  (under
honorable conditions) discharge, in the grade of airman first  class,  under
the provisions of AFI 36-3208 (Misconduct).  He completed 1 year,  5  months
and 2 days of total active duty service.

On 9  May  2002,  the  Air  Force  Discharge  Review  Board  (AFDRB)  denied
applicant’s request for an upgrade of his discharge to an honorable,  change
of the narrative reason for discharge, and upgrade of his reenlistment  code
to  enable  him  to  reenlist.   They  concluded  that  the  discharge   was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge  regulation  and  was  within  the  discretion  of  the  discharge
authority and that  the  applicant  was  provided  full  administrative  due
process.  They further concluded that no legal or  equitable  basis  existed
for upgrade of discharge, change of narrative reason or RE code.

The applicant received an RE code of 2K (Has been formally notified  by  the
unit commander of initiation of involuntary separation action).






Per HQ AFPC/DPPAES an error with the  applicant’s  RE  code  was  identified
when he submitted a request for  correction  of  military  records.   On  15
October 2002, the applicant was notified that his RE code was  corrected  to
reflect  2B  (Separated  with  a  general  or  under  other  than  honorable
conditions (UOTHC) discharge).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial.   They  indicated  that  based   upon   the
documentation in the file, they believe the discharge  was  consistent  with
the procedural and substantive requirements  of  the  discharge  regulation.
Additionally, the discharge was  within  the  discretion  of  the  discharge
authority.  The Air Force Discharge Review Board denied an upgrade on 9  May
2002.

The evaluation is at Exhibit C.

AFPC/DPPAE indicated that the RE code of 2K, “Has been formally notified  by
the unit commander  of  initiation  of  involuntary  separation  action”  is
incorrect.  It should be 2B  “Involuntarily  separated  with  a  general  or
under other than honorable conditions (UOTHC) discharge.”

The evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluations and indicated that  he  intentionally
failed his end of course exam to be cross-trained, not to  get  out  of  the
Air Force. He did not want to be a jet mechanic because he was not  good  at
being a mechanic.  He states  that  he  is  not  looking  for  an  honorable
discharge to be handed to him, he wants the opportunity to reenlist and  get
the honorable discharge on his own.

Applicant’s response 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 timely filed.





3. Insufficient relevant evidence has  been  presented  to  demonstrate  the
existence of probable error or injustice.  After  thoroughly  reviewing  the
evidence of record, we are not persuaded that the  applicant  has  been  the
victim of either an error or an injustice.   The  Board  believes  that  the
discharge apparently complied with the governing  regulation  in  effect  at
that time; responsible officials applied appropriate standards in  effecting
the separation, and  the  Board  does  not  find  persuasive  evidence  that
pertinent regulations were violated or that applicant was not  afforded  all
the rights to which entitled at the time  of  discharge.   In  view  of  the
above finding, we find no compelling 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  02-02291
in Executive Session on 10 December 2002, under the provisions  of  AFI  36-
2603:

                  Ms. Olga M. Crerar, Panel Chair
                  Ms. Brenda L. Romine, Member
                  Mr. James W. Russell III, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 4 July 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 8 October 2002.
   Exhibit D.  Letter, AFPC/DPPRS, dated 6 August 2002, w/atchs.
   Exhibit E.  Letter, SAF/MRBR, dated 25 October 2002.
   Exhibit F.  Letter, Applicant, dated 2 November 2002.




                                BRENDA L. ROMINE
                                Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01317

    Original file (BC-2003-01317.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01317 INDEX CODES: 100.06, 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reason for discharge and reenlistment eligibility (RE) code be changed to allow her to reenter the Air Force. A complete copy of the AFPC/DPPRS evaluation is at Exhibit D. AFPC/DPPAE indicated that the applicant’s RE...

  • AF | BCMR | CY2003 | BC-2002-03143

    Original file (BC-2002-03143.doc) Auto-classification: Approved

    He was discharged on 18 September 2002 with an entry-level separation, as he had not completed his first term of service. ____________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant reviewed this case and recommended the narrative reason for discharge be changed to Secretarial Authority but that otherwise no change to the applicant’s RE code was warranted. BRENDA L. ROMINE Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office...

  • AF | BCMR | CY2003 | BC-2003-01386

    Original file (BC-2003-01386.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01386 INDEX CODE: 110.00 COUNSEL: None HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code be changed to allow him to enlist in the Army. The basis for this action was that the mental health recommendation to the applicant’s commander stated “While [the applicant’s] Adjustment...

  • AF | BCMR | CY2004 | BC-2003-01852

    Original file (BC-2003-01852.doc) Auto-classification: Approved

    ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPRS recommends that the applicant’s separation code and narrative reason for separation (DD Form 214, Blocks 26 & 28) be changed to “KFF—Secretarial Authority” (see Exhibit C). Therefore, we recommend that the narrative reason for his separation and corresponding separation code be changed to reflect “Secretarial Authority.” 4. BRENDA L. ROMINE Panel Chair AFBCMR BC-2003-01852 MEMORANDUM FOR...

  • AF | BCMR | CY2003 | BC-2003-01231

    Original file (BC-2003-01231.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01231 INDEX CODE: 112.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code be changed. He recommended a general discharge. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS states that they believe the discharge was...

  • AF | BCMR | CY2003 | BC-2002-02302

    Original file (BC-2002-02302.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02302 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The characterization of his discharge be upgraded from general (under honorable conditions) to honorable and the narrative reason for separation and reentry (RE) code be changed to allow him to serve his country once again. ...

  • AF | BCMR | CY2003 | BC-2003-00803

    Original file (BC-2003-00803.doc) Auto-classification: Denied

    On 6 November 2002, the applicant was honorably discharged under the provisions of AFI 36-3208 (Personality Disorder). The AFBCMR Medical Consultant stated that the applicant’s records document an adjustment disorder and “strong maladaptive personality traits” versus personality disorder in combination with a lack of motivation for continued service. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence...

  • AF | BCMR | CY2003 | BC-2003-01037

    Original file (BC-2003-01037.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPRS recommended denial and stated that airmen are given entry- level separation/uncharacterized service characterization when separation is initiated in the first 180 days of continuous active service. After careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded that the applicant's discharge and the reenlistment code he received...

  • AF | BCMR | CY2002 | BC-2002-03603

    Original file (BC-2002-03603.doc) Auto-classification: Denied

    On 2 Nov 95, the applicant was notified of his commander’s intent to recommend discharge for a pattern of misconduct. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. _________________________________________________________________ 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...

  • AF | BCMR | CY2004 | bc-2004-00683

    Original file (bc-2004-00683.doc) Auto-classification: Approved

    The AFPC/DPPRS evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS: A complete copy of the Air Force evaluation was forwarded to the applicant on 26 March 2004 for review and response within 30 days. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected by deleting the...