RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03997
INDEX NUMBER: 100.00, 110.00
COUNSEL: NONE
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation and reenlistment eligibility
(RE) code be changed.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Employers are not hiring her because of her reason for separation
and RE code. She feels this is unjust and the narrative reason for
separation should not still say misconduct.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 28 Sep 98, for a
period of four years in the grade of airman basic.
On 29 Sep 99, the squadron commander notified the applicant that he
was recommending she be discharged from the Air Force for a pattern
of misconduct (conduct prejudicial to good order and discipline).
The commander cited the following reasons for the proposed
discharge action: (1) Applicant’s receipt of an Article 15 on
23 Aug 99, for failure to obey a lawful order on or about 12 Aug
99, and failure to go on or about 14 Aug 99. Punishment imposed
consisted of restriction to the base for 14 days, and 14 days’
extra duty; (2) Applicant’s receipt of an Article 15 on 2 Sep 99,
for shoplifting. Punishment imposed consisted of reduction to the
grade of airman basic, restriction to the base for 45 days, and 45
days’ extra duty.
On 4 Oct 99, applicant acknowledged receipt of the discharge
notification, that she had consulted with military counsel and was
submitting statements in her own behalf. On 12 Oct 99, the group
Staff Judge Advocate found the case file legally sufficient to
support discharge.
Applicant was discharged on 19 Oct 99, in the grade of airman
basic, under the provisions of AFI 36-3208, by reason of
misconduct, with service characterized as under honorable
conditions (general). She was issued an RE Code of 2B [separated
with a general discharge]. She served on active duty for a period
of one year and 22 days.
On 17 Apr 00, applicant applied to the Air Force Discharge Review
Board (AFDRB) requesting her discharge be upgraded to an honorable
discharge. After review of the evidence of record, the AFDRB
upgraded applicant’s discharge from a general (under honorable
conditions) to an honorable discharge on 29 Jun 00. The Board did
not change the narrative reason for discharge. A copy of the AFDRB
Hearing Record is attached at Exhibit C.
The applicant’s records were administratively corrected on 12 Jul
00 to reflect an honorable discharge and RE Code 2C [involuntarily
separated with an honorable discharge].
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS reviewed this application and recommended denial.
They stated, in part, that the AFDRB concluded the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation and was within the discharge authority’s
discretion, and that the applicant was provided full administrative
due process. The AFDRB further concluded that the overall quality
of the applicant’s service was more accurately reflected by an
honorable discharge. The applicant’s characterization of discharge
was changed to honorable. They noted the applicant did not submit
any new evidence or identify any errors or injustices that occurred
in the discharge proceedings. Additionally, the applicant provided
no facts warranting a change to the narrative reason for discharge
or reenlistment code.
A complete copy of the evaluation is at Exhibit D.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 6 Feb 04 for review and comment within 30 days. As of this
date, no response has been received by this office. (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 error or injustice. The discharge
appears to be in compliance with the governing instruction and we
find no evidence to indicate that applicant’s separation from the
Air Force was inappropriate or that it was based on any factors
other than her own misconduct. We note that the Air Force
Discharge Review Board upgraded the characterization of her
discharge to honorable. However, we are not persuaded that the
narrative reason for separation should be changed. The reason for
separation is supported by the evidence of record; i.e.,
misconduct, as evidenced by the applicant’s failure to obey a
lawful order, failure to go, and wrongful appropriation.
Additionally, the assigned reenlistment eligibility (RE) code of 2C
accurately reflects her involuntary separation with an honorable
discharge. Therefore, based on the available evidence of record,
we find no basis upon which to favorably consider her request to
change the narrative reason for her discharge or her reenlistment
eligibility code.
___________________________________________________________________
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 BC-2003-
03997 in Executive Session on 29 April 2004, under the provisions
of AFI 36-2603:
Mr. Jackson A. Hauslein Jr., Panel Chair
Mr. James W. Russell III, Member
Mr. Richard A. Peterson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Nov 03, w/atchs
Exhibit B. Applicant's Master Personnel Records
Exhibit C. AFDRB Hearing Record, dated 12 Jul 00, w/atchs
Exhibit D. Letter, AFPC/DPPRS, dated 28 Jan 04
Exhibit E. Letter, SAF/MRBR, dated 6 Feb 04
JACKSON A. HAUSLEIN JR.
Panel Chair
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