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AF | BCMR | CY2003 | BC-2003-00954
Original file (BC-2003-00954.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00954
            INDEX CODE:
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from  Active  Duty,  be
corrected to reflect her pay grade was airman first class.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As the result of the death of a fellow airman while she was TDY  in  Dhahran
she requested to cross train from the security police because she no  longer
wished to carry a gun on a daily basis.  She wanted to  remain  in  the  Air
Force but with a different job,  without  a  weapon.   Although  the  mental
health department felt she should be retained, she  was  discharged  at  her
commander's request.  She served time in the grade  of  airman  first  class
and would like her DD Form 214 to reflect that grade due  to  the  time  she
served in that grade, even though it  was  taken  away  at  her  commander's
request.

In support of her request, applicant provided a personal statement;  a  copy
of her AF Form 77, Supplemental Evaluation Sheet; a copy of her TDY  orders,
copies of her mental health evaluations,  letters  of  recognition;  and,  a
copy of her DD Form 214.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  enlisted  in  the  Regular  Air  Force  on  17  Nov  94  and  was
progressively promoted to the grade of airman first  class,  having  assumed
that grade effective and with a date of rank of 17 May 95.

On 24  Apr  96,  applicant  was  notified  by  her  commander  that  he  was
recommending that she be discharged from the Air Force  in  accordance  with
AFI 36-3208, paragraph 5.11.1 for a condition that interferes with  military
service, specifically, an adjustment  disorder.   She  was  advised  of  her
rights in this matter and acknowledged receipt of the notification  on  that
same date.  On 25 Apr 96, after consulting counsel,  applicant  elected  not
to submit statements on her own behalf.  In a legal review of the case,  the
staff judge advocate, found the  case  legally  sufficient  and  recommended
that she be discharged with an honorable discharge,  without  probation  and
rehabilitation.  On 3 May 96, the discharge  authority  concurred  with  the
recommendation and  directed  that  she  be  discharged  with  an  honorable
discharge, without probation and rehabilitation.  Applicant  was  discharged
from the Air Force on 14 May 96.  She served 1 year, 5 months, and  28  days
on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  DPPPB states that she was to be promoted  to
the grade of airman first class effective 17 Mar 96.  However, on 1 Mar  96,
her commander nonrecommended her for promotion based on her decision not  to
perform duties as a  security  specialist.   The  DPPPWB  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that DPPPWB states that  she  received  a  diagnosis  of  a
"Personality  Disorder"  which  is  not  true.   As  a   matter   of   fact,
"Personality Disorder" has already been removed form her DD Form 214.   Even
after she turned in her weapon and was mentally evaluated, she worked  every
day like every one else in the squadron and never caused any problems.   Her
intention was to cross train and not "cop-out"  from  the  Air  Force.   Her
value system had changed due to the loss of one of her very good friends.

Her complete submission, with attachments, 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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence  of  an  injustice.   In  this  respect,  after  the   applicant's
indication that she no longer wished to carry a weapon she was referred  for
a mental health evaluation.  Even though the attending physician noted  that
she did not have a medical disorder or long-standing  personality  disorder,
it was recommended that she be separated from the Air Force.  Her  commander
subsequently determined that she was not qualified for  promotion  based  on
her desire to not carry a weapon, which  as  a  security  forces  specialist
inhibited her from performing her primary duties.  The Board majority  notes
that prior to her decision, which was predicated by  a  traumatic  incident,
there is no indication of any misconduct  and  evidence  presented  reflects
that she performed her duties in an outstanding manner.  While  hesitant  to
question the judgment of commanding officers, the  Board  majority  believes
that an injustice exists in this case and in their opinion the  decision  to
nonrecommend her for  promotion  under  the  circumstances  was  excessively
harsh.  The Board majority therefore recommends that she be promoted to  the
grade of airman first class.  However, since she did  not  actually  perform
duties in the grade of airman first  class,  the  Board  majority  does  not
believe that she should be entitled to receive back pay  and  allowances  in
that grade.  Accordingly, the Board majority recommends that 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 she was  promoted  to  the  grade  of
airman first class (E-3) with a date  of  rank  of  17  March  1996  and  an
effective date of 13 May 1996.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2003-
00954 in Executive Session on 17 Sep 03, under the  provisions  of  AFI  36-
2603:

      Mr. Albert F. Lowas, Jr., Panel Chair
      Mr. Michael J. Maglio, Member
      Ms. Dorothy P. Loeb, Member

By a majority vote, the Board voted to grant  the  request.   Mr.  Maglio
voted to deny the applicant's request and did  not  desire  to  submit  a
minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 24 Jun 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Aug 03.
    Exhibit E.  Letter, Applicant, dated 12 Aug 03, w/atchs.




                             ALBERT F. LOWAS, JR.
                                             Panel Chair

AFBCMR BC-2003-00954




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 she was promoted to the
grade of airman first class (E-3) with a date of rank of 17 March 1996 and
an effective date of 13 May 1996.





                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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