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AF | BCMR | CY2004 | BC-2003-03701
Original file (BC-2003-03701.doc) Auto-classification: Denied






                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03701
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty,
be changed to show a favorable discharge and reenlistment  eligibility
(RE) code and to either be compensated monetarily or be  credited  for
20 years of service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her commander discriminated against her because she was a single black
female with a child.  Her record does not  reflect  any  documentation
such as a LOC, LOR (letters of counseling,  reprimand,  respectively),
or any other  disciplinary  action.   Her  latest  airman  performance
report (APR) at that time also did not reflect any indication that she
should not be selected for reenlistment.

Regarding the time limit on the discovery date of the alleged error or
injustice, she feels there should be no statute of limitations  on  an
injustice that affects the outcome of the rest  of  a  person’s  life.
She contends when she was released from the  Air  Force,  she  had  no
education higher than high school and was faced with raising  a  child
alone.  She returned home and had to rely on welfare for support while
she attended schools.  She lived below  the  poverty  level  for  many
years and even 20  years  later,  she  still  deals  with  the  shame,
humiliation, and realization that she was not permitted to pursue  her
dream of being an active member of the US Air Force.

She has attained the rank of Master Sergeant  (MSgt/E-7)  in  the  Air
National Guard but feels cheated of a better life simply because of  a
racist and noncompassionate person in power.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________




STATEMENT OF FACTS:

Applicant entered the Regular Air Force on  9  March  1981.   She  was
honorably discharged 3 years, 6 months, and 20 days later as an Airman
First Class (A1C/E-3).  Her  discharge  was  under  the  FY  84  Early
Separation Program - Strength Reduction and she was discharged to  the
California Air National Guard (CA ANG).   Her  reenlistment  code  was
listed as 2X, First Term, Second Term, or Career Airman Considered but
not  Selected  for  Reenlistment  Under  the  Selective   Reenlistment
Program.  One year and one day after  enlisting  in  the  CA  ANG  she
transferred to the Pennsylvania ANG (PA ANG), effective  21  September
1985, as an A1C.  She is currently a MSgt with the  PA  ANG,  eligible
for a Reserve Retirement at age 60, and reenlisted on 21 October  2002
for a period of three years.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRSP recommends denial.  DPPRSP notes that only the applicant’s
ANG personnel records were available for review.  Therefore, based  on
the lack of documentation in the file, they believe the  discharge  to
be consistent with the procedural and substantive requirements of  the
discharge regulation  and  within  the  discretionary  powers  of  the
discharge authority.  No new evidence or any identification  of  error
or injustice has been presented to warrant a change to the RE code.

DPPRSP’s complete evaluation is at Exhibit C.

AFPC/DPPAE has reviewed this case and verified that the RE code of 2X
is correct.  She has presented no new or sufficient documentation to
justify a change to her RE code.  She has not satisfactorily indicated
the commander’s action to deny reenlistment was inappropriate or not
in compliance with Air Force policy.  Additionally, she has not
provided and proof of being discriminated against because of race and
motherhood.

DPPAE’s complete evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
30 January 2004 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.  After a thorough review  of  the
evidence of record and applicant's submission, we  are  not  persuaded
that her uncorroborated assertions  of  discrimination  and/or  racism
regarding her discharge from the Air  Force,  in  and  by  themselves,
sufficiently persuasive to override the rationale provided by the  Air
Force.  Therefore, we agree with the opinion and recommendation of the
Air Force office of primary responsibility  and  adopt  the  rationale
expressed as the basis for our decision that the applicant has  failed
to sustain her burden of having suffered either an error or injustice.
 Therefore, in the absence of persuasive 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 AFBCMR Docket Number BC-
2003-03701 in Executive Session on 2 March 2004, under the  provisions
of AFI 36-2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Martha Maust, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Oct 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 20 Nov 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 16 Jan 04.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Jan 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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