RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02951
INDEX NUMBER: 110.00
XXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her Reenlistment Eligibility (RE) code of “2B”, separated with a
general or under-other-than-honorable-conditions (UOTHC) discharge,
be changed to one that will allow her reentry into the Air Force.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was a model airman while in the Air Force and would like to
return to the Air Force as soon as possible.
The applicant’s complete submission, with attachment, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Air Force on 22 Apr 98. On 12 Jul 00,
the applicant was notified by her squadron commander that he intended
to recommend her discharge from the Air Force for disobeying a direct
order to take the Anthrax Vaccination, with a general (under
honorable conditions) discharge. The applicant consulted counsel and
submitted a statement on her behalf. On 18 Jul 00, the applicant’s
squadron commander recommended to the Wing Commander that the
applicant be discharged from service with a general discharge without
the opportunity for probation and rehabilitation. The Wing Staff
Judge Advocate reviewed the discharge action against the applicant
and found it to be legally sufficient. On 18 Jul 00, the Wing
Commander directed that the applicant be discharged with a general
discharge without probation and rehabilitation. The applicant was
discharged from service on 24 Jul 00.
The applicant received on enlisted performance report while in the
Air Force with an overall rating of “5.”
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends denial of the applicant’s request. The
applicant did not submit any new evidence or identify any errors or
injustices that occurred in the discharge processing. She provided
no other facts warranting an upgrade of the discharge.
The complete evaluation is at Exhibit C.
AFPC/DPPAE reviewed the applicant’s records and found the RE code of
“2B” to be correct.
The complete evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant
on 20 Dec 02 for review and comment within 30 days. To date, a
response has not been received.
_________________________________________________________________
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 error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinions and recommendations of the Air
Force offices of primary responsibility and adopt their rationale as
the primary basis for our conclusion that the applicant has not been
the victim of an error or injustice. The Board notes that the
applicant was discharged for her refusal to take the Anthrax
immunization. She does not indicate in her application that if she
returned to active duty, she will comply with the legal requirements
levied upon her. In the absence of such a commitment, to allow her
return to active duty would not be in her or the Air Force’s best
interest. Therefore, in the absence of evidence to the contrary, 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 Docket Number 02-02951
in Executive Session on 4 February 2003, under the provisions of AFI
36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. John B. Hennessey, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Sep 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPRRS, dated 8 October 2002.
Exhibit D. Memorandum, AFPC/DPPAE, dated 9 Dec 02.
Exhibit E. Letter, SAF/MRBR, dated 20 Dec 02.
JOSEPH G. DIAMOND
Panel Chair
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