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AF | BCMR | CY2004 | BC-2004-00148
Original file (BC-2004-00148.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00148
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code be upgraded to one  that  would
enable her to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She did a lot of unacceptable things while in  the  service  but  they
were all done after she had been told she was being sent home  due  to
her fear of heights.  She was in the process of being reclassed into a
new Air Force Specialty (AFS) that would require her to climb a  water
tower.  She states there is no excuse however, for  her  behavior  and
takes full responsibility for her actions.  She was 20  years  old  at
the time. She is now a mature 23-year-old and a  lot  of  things  have
changed since her discharge.  She has a great job, owns her own  home,
and goes to school part time.  The problems she caused  while  in  the
service were those of  an  average  20-year-old.   She  would  greatly
appreciate the opportunity to explain her case in more detail  to  the
Board.

In support of her  appeal,  the  applicant  has  provided  a  personal
statement, copies of a letter of  appreciation,  her  certificates  of
completion of training of Basic Military Training (BMT) and the Airman
Leadership Program.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant entered active duty on 7 June 2000.  She completed  BMT  and
was promoted to Airman First Class (A1C/E-3) on 8 December 2000.  On 8
January 2001, she received a letter of reprimand (LOR) for  wrongfully
consuming alcoholic beverages while under the legal  drinking  age  of
21.  On 1 February 2001, she received an  Article  15  for  wrongfully
entering a  local  area  hotel,  for  wrongfully  consuming  alcoholic
beverages while under the legal drinking age of 21 and for  wrongfully
failing to return to and remain in her assigned dormitory room.  On  9
February 2001, she received an LOR for  wrongfully  entering  a  local
area hotel.

Her commander notified her on 2 March 2001 that  he  was  recommending
her for a general (Under Honorable Conditions)  discharge.   The  base
legal office found the discharge legally  sufficient.   Probation  and
rehabilitation were considered but not recommended.  She  acknowledged
receipt of the discharge action on 2 March 2001 and waived  her  right
to consult counsel and submit statements.  She was  discharged  on  12
March 2001 with a general discharge and an  RE  code  of  “2B”,  after
serving for nine months and six days of active military service.

She applied to the Air Force Discharge Review Board (AFDRB) to upgrade
her discharge to honorable.  After reviewing the evidence  of  record,
the AFDRB, on 2 November 2003, denied her request for upgrade.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states  that  the  discharge  was
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 discharge.

DPPRS’s complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant requests an upgrade of her reentry  code  because  she  made
some bad choices  as  an  airman  in  the  USAF  and  would  love  the
opportunity to reenlist.  She takes full responsibility  for  all  the
actions she took while serving in the Air Force however  she  contends
she  was  acting  the  way  any  other  teenager  would  under  normal
circumstances.  A lot has changed in  her  life  since  her  discharge
including: she has grown up quite a bit,  she  is  a  full  time  real
estate agent, she owns her own home, goes to school part time,  has  a
new car, and considers herself a responsible adult.  While she  admits
to the mistakes she made in the service, she feels the  discharge  has
punished her enough.  The Air Force is something she really  wants  to
be a part of.  It does not matter to her whether she  is  in  the  Air
Force, the Air National Guard or  the  Reserve,  nor  what  Air  Force
Specialty (AFS) she gets, as long as she can get  the  opportunity  to
serve and protect her country as a mature and responsible adult.

She leaves the decision in the hands of the Board in hopes  the  Board
will understand that she was acting childish but  she  was  not  being
malicious or trying to break her vows as an airman.

The applicant’s complete response 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  While we noted the negative behavior
that led to her discharge, we also noted that  her  service  prior  to
those incidents had  been  exemplary.   It  does  not  seem  to  be  a
coincidence that her negative behavior began after she had been cross-
trained into another career field.  That career field required her  to
climb telephone poles and she had a fear of heights.  Several attempts
by the applicant to warn her instructors of her fear of heights appear
to have been to no avail.  After her discharge,  it  appears  she  has
taken  full  responsibility  for  her  actions  and  has  led  a  very
successful life to this point.  Therefore, we feel she should be given
the opportunity to be considered for reenlistment.  Whether or not she
is successful will  depend  on  the  needs  of  the  service  and  our
recommendation in no way guarantees that she will be allowed to return
to any branch of the service.  Accordingly, we recommend  her  records
be corrected to the extent indicated below.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 12 March  2001  she
was separated under the  provisions  of  AFI  36-3208,  paragraph  1.2
(Secretarial Authority) with a reenlistment eligibility (RE)  code  of
3K and a separation code of JFF.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 30 March 2004, under the provisions  of  AFI  36-
2603:

      Mr. Frederick R. Beaman, III, Panel Chair
      Mr. Michael J. Maglio, Member
      Ms. Martha J. Evans, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Nov 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 11 Feb 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Feb 04.
    Exhibit E.  Letter, Applicant, dated 21 Feb 04.


                                   FREDERICK R. BEAMAN, III
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary



BC-2004-00148




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 on 12 March 2001,  she  was
separated under the provisions of AFI 36-3208,  paragraph  1.2  (Secretarial
Authority) with a reenlistment eligibility (RE) code of 3K and a  separation
code of JFF.






     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency

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