Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2002-02099-3
Original file (BC-2002-02099-3.doc) Auto-classification: Denied

                             SECOND ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-02099

      XXXXXXXXXXXXXXXXXXXXx  COUNSEL:  None

      XXXXXXX    HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reinstated to active duty in the Air Force,  be  given  supplemental
promotion consideration to the grade of technical  sergeant  (TSgt)  (E-6),
and allowed to cross train into the Paralegal Air Force Specialty  she  was
approved for prior to her discharge.

She be paid all back pay and allowances from the time  of  her  involuntary
separation.

If she is reinstated to active duty, she be given a join spouse assignment.

_________________________________________________________________

RESUME OF CASE:

On 1 Apr 03, the AFBCMR considered a similar  appeal  from  the  applicant.
The Board changed the applicant’s RE code to “3K” to allow her to apply for
reenlistment in the Air Force (See Record of Proceedings at Exhibit M).

On 2 Jul 03, the Board reconsidered and again denied the applicant’s appeal
(See Addendum Record of Proceedings at Exhibit O).

In a letter dated 17 Jan 04, the applicant again  requests  reconsideration
of her case.  She makes the following assertions:

        A.  She was  involuntarily  extended  on  active  duty  beyond  her
expiration of term of service (ETS) in violation of AFI 36-3208,  paragraph
2.8, Extension of Enlistment When Discharge for Cause is Pending.

         B.  Her  commander  substituted   administrative   discharge   for
disciplinary action in violation of AFI 36-3208, paragraph 5.1.2.

        C.  Her  commander  did  not  consider  her  for  reenlistment  and
document it on AF Form 418, thereby denying her of an opportunity to appeal
his decision in violation of AFI 26-2606.

        D.  She still believes she was denied  reenlistment  because  of  a
sexual assault she suffered.  She provides a copy of a police  report  that
documents the assault.  She also submits a letter she indicates was written
to her by her commander stating  that  the  circumstances  surrounding  her
assault would have dramatically decreased the moral [sic] of the squadron.

The applicant  further  discusses  her  views  of  her  case  and  why,  if
reinstated to active duty, she should be cross-trained into  the  paralegal
career field.  She opines that the things that happened to  her  would  not
have happened if the commander had followed proper procedures.  She  states
that the commander felt some remorse after her discharge or  he  would  not
have drafted  the  letter  to  her.   The  applicant  also  references  and
discusses a previous BCMR case similar to  hers  where  the  applicant  was
granted relief.

Applicant’s submission, with attachments, is at Exhibit P.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

After reviewing the most recent  evidence  provided  by  the  applicant  in
support  of  her  appeal,  the  Board  again  finds  it   insufficient   to
substantiate she has been the victim of an error  or  injustice  warranting
the relief sought.  The applicant indicates her commander violated AFI  36-
3208, paragraph 2.8  by  involuntarily  extending  her  enlistment  when  a
discharge for cause was  pending.   However,  we  note  the  applicant  was
extended due to a pending  investigation,  which  could  have  resulted  in
disciplinary  action.   There  is  no  evidence  in  the  record  that   an
administrative discharge  was  initiated  against  her.   Rather,  she  was
discharged because she was denied reenlistment.  The issues raised  by  the
applicant regarding the procedures followed by the commander in denying her
reenlistment have been previously addressed and we have nothing further  to
add.  After thoroughly reviewing the  evidence  the  applicant  submits  in
support of her contention that she was denied reenlistment because she  had
been the victim of a sexual  assault,  we  find  insufficient  evidence  to
establish a nexus between these two events.  We reviewed the letter,  dated
10 Mar 00, the applicant contends was authored by her  previous  commander,
but given our reservations regarding its authenticity  do  not  believe  it
would be appropriate to use as the basis to grant  or  deny  the  requested
relief.  Finally, after reviewing BCMR Case number 00-01271, referenced  by
the applicant as having similarities to her case with relief granted by the
Board, we do not find anything in the rationale and actions of the Board in
that case which cause us to question the appropriateness of our decision in
this case.  Therefore, we again, find  no  basis  to  grant  the  requested
relief.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

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  BC-2002-02099
in Executive Session on 23 September 2004, under the provisions of AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Vaughn E. Schlunz, Member
      Ms. Patricia D. Vestal, Member

The following additional documentary evidence was considered:

    Exhibit O.  Addendum Record of Proceedings, dated
                9 Sep 03, w/atchs.
    Exhibit P.  Letter, Applicant, dated 17 Jan 04, w/atchs.
    Exhibit Q.  ROP, BC-2000-01271, undated.




                                             THOMAS S. MARKIEWICZ
                                             Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-02099

    Original file (BC-2002-02099.doc) Auto-classification: Approved

    In a rebuttal to the Air Force evaluation, applicant now requests that she be reinstated to active duty in the Air Force, promoted to the grade of technical sergeant (TSgt) (E-6) and allowed to cross train into the Paralegal career field she was approved for prior to her discharge. The applicant’s complete statement is at Exhibit L. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPAE recommends that the applicant’s RE code be changed to “3K,”...

  • AF | BCMR | CY2003 | BC-2001-03678-2

    Original file (BC-2001-03678-2.doc) Auto-classification: Denied

    For an accounting of the facts and circumstances surrounding the applicant’s separation, and, the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit H. The applicant’s medical evaluation was completed at Wilford Hall Medical Center on 17 October 2002 and the results were forwarded to the Board for review (refer to Exhibit I). The BCMR Medical Consultant’s evaluation is at Exhibit J. Letter, BCMR Medical Consultant, dated 16 December 2002.

  • AF | BCMR | CY2003 | BC-2002-02198

    Original file (BC-2002-02198.doc) Auto-classification: Approved

    It appears that she is requesting administrative corrections be made to her medical records and discharge documents. She submitted a hardship letter requesting that she be assigned to a different location or separated so that she could later reenlist. The DPPAE evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 14 Feb 03 for review...

  • AF | BCMR | CY2012 | BC-2012-02099

    Original file (BC-2012-02099.pdf) Auto-classification: Denied

    She was discharged from the Air Force because she failed training and the Air Force would not reclassify her. Her commander initiated separation action on 11 Mar 2010, which gave her 178 days active duty at the time her separation action was initiated. ________________________________________________________________ The following members of the Board considered Docket Number BC- 2012-02099 in Executive Session on 20 Dec 2012, under the provisions of AFI 36-2603: The following documentary...

  • AF | BCMR | CY2003 | BC-2002-02134

    Original file (BC-2002-02134.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-02134 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: Her uncharacterized entry-level separation for fraudulent entry be changed to a medical discharge. Applicant states that she never needed the inhaler and did not suffer another attack until the present time. He affirms that...

  • AF | BCMR | CY2005 | BC-2005-02194

    Original file (BC-2005-02194.DOC) Auto-classification: Denied

    At the time of her separation she had been disqualified from Air Traffic Control duties and had been continued on active duty awaiting waivers and Medical Evaluation Board (MEB) processing. With regard to the presence of medical conditions that were potentially disqualifying for controller duties, the Medical Consultant states the fact that she decided to voluntarily separate under pregnancy provisions rather than remain on active duty and complete the planned evaluations and...

  • AF | BCMR | CY2009 | BC-2008-03027

    Original file (BC-2008-03027.doc) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are contained in the evaluation prepared by the BCMR Medical Consultant, which is attached at Exhibit C. ___________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends the applicant’s name be placed on the Temporary Disability Retired List (TDRL), with a 50 percent disability rating, for anxiety disorder, under Veterans Administrative Schedule for Rating Disabilities...

  • AF | BCMR | CY2005 | BC-2004-00930

    Original file (BC-2004-00930.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00930 INDEX CODE: 110.02 xxxxxxxxxxxxxxxx COUNSEL: NONE xxxxxxxxxxxxxxxxxx HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reenlistment eligibility (RE) code be changed to one that would allow her to reenlist. On 6 March 2003, the applicant was notified by her commander that he was recommending that she be...

  • AF | BCMR | CY2003 | BC-2002-02937

    Original file (BC-2002-02937.doc) Auto-classification: Denied

    Available Department of Veterans Administration (DVA) medical documentation shows that in 1999 she still reported symptoms of the conditions for which she was disability discharged. The documentation provided is insufficient to show that the applicant is now fit for active duty. Therefore, we agree with the opinions and recommendations of the BCMR Medical Consultant and the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the...

  • AF | BCMR | CY2004 | BC-2003-01135

    Original file (BC-2003-01135.doc) Auto-classification: Approved

    Counsel states that the applicant was not separated because of a pre-existing condition, which was aggravated by active duty service. The majority of the Board believes that the BCMR Medical Consultant’s findings provide a reasonable basis to conclude that the injury to the applicant’s elbow while on active duty was a new and distinct injury rather than EPTS. Given that the applicant disclosed her previous elbow injury during her enlistment physical and was given a waiver, the majority of...