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AF | BCMR | CY2004 | BC-2004-01104
Original file (BC-2004-01104.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:            DOCKET NUMBER: BC-2004-01104
                                        INDEX CODE 100.00
                                        COUNSEL:  None

                                        HEARING DESIRED:  No


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Reenlistment Eligibility  (RE)  code  be  changed  to  one  that  allows
enlistment.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Since her discharge, she has paid  off  the  debts  accrued  by  her  former
husband and built a new future for herself.  Now that she has put  her  life
on a steady course, she would like the honor  of  wearing  the  uniform  and
serving her country again.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 20 Feb 02, the applicant enlisted in  the  Regular  Air  Force  for  four
years and was assigned to Lackland AFB,  TX,  for  basic  military  training
(BMT).

She received a Letter of Reprimand (LOR), dated 8 Jun  02,  for  failing  to
show for her assigned non-credit detail on 8 Jun 02, and for  violating  the
phase program on at least two occasions. The applicant indicated  her  alarm
clock failed to work because of a power outage.

A Memo for the Record (MFR), dated 11 Jun 02, reported the applicant  failed
to show for accountability at 2100 on 4 Jun 02 and  was  still  missing  for
the 0600 accountability on 5 Jun 02. The MFR noted the commander had  denied
the applicant permission to take leave to drive her husband to the  Oklahoma
(OK) area. On 5 Jun 02, at 2000, the  applicant  returned  to  the  squadron
area.

On 24 Jun 02, the commander imposed Article 15 punishment on  the  applicant
in the form of forfeiture of $257.00 in pay for being absent  without  leave
(AWOL) from 4-5 Jun 02 and disobeying the  commander’s  order  not  to  take
leave and go to the OK area. The applicant made a  personal  appearance  and
submitted a statement, but did not appeal the punishment.

She received another LOR, dated 9  Jul  02,  for  wearing  civilian  clothes
while in Phase  One  training  and  making  a  disrespectful  gesture  to  a
technical sergeant. The applicant did not provide a written response.

On 12 Jul 02, the applicant was  disenrolled  from  technical  training  for
misconduct. Discharge was recommended.

On 23 Jul 02, she was notified of her commander’s  intent  to  recommend  an
entry-level separation (ELS) from the Air Force.  The LORs  and  Article  15
were cited.  On the same date, the commander  recommended  an  ELS  for  the
reasons cited in the notification letter.  The applicant  waived  her  right
to consult counsel and submit statements.

On 26 Jul 02, legal review found the case sufficient to  support  separation
and the discharge authority approved the ELS.

The applicant was separated in  the  grade  of  airman  basic  with  an  ELS
(Performance & Conduct) on 2 Aug 02 after 5 months and  13  days  of  active
service.  She received an RE code of “2C” (Involuntarily separated  with  an
honorable discharge or ELS without characterization of service).

When separated in the first  180  days  of  continuous  active  service,  an
airman is given an uncharacterized ELS.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRSP believes the discharge was  consistent  with  the  procedural
and substantive requirements of the discharge regulation and was within  the
discharge authority’s discretion. The applicant has  not  substantiated  any
errors or injustices and her appeal should be denied.

A complete copy of the evaluation is at Exhibit C.

______________________________________________________________

APPLICANT’S REVIEW OF EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 23 Apr 04 for review and comment within 30 days.  As of this  date,  this
office has received no response.

______________________________________________________________

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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however, we are not persuaded her RE  code  should  be  changed.  She
alleges her former husband was the primary cause of her  problems  and  that
she has subsequently paid of the debts he accrued. However, other  than  her
own assertions, she provides no evidence supporting either of these  claims.
Her commander specifically ordered her  not  to  take  leave  to  drive  her
former spouse to the OK area, but she did so anyway.  In  addition  to  this
AWOL incident, the applicant  had  other  minor  infractions.  At  the  time
members are separated from the Air Force, they  are  furnished  an  RE  code
predicated upon the quality of their  service  and  circumstances  of  their
separation.  After a thorough review of the evidence of record,  we  believe
that, given the circumstances surrounding the  applicant’s  separation,  the
RE  code  issued  was  in  accordance  with  the   appropriate   directives.
Therefore, we find no basis upon which to recommend favorable action.

_________________________________________________________________

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  this  application  in
Executive Session on 18 May 2004 under the provisions of AFI 36-2603:

                 Mr. Albert F. Lowas, Jr., Panel Chair
                 Mr. Charlie E. Williams, Jr., Member
                 Mr. Terry L. Scott, Member

The following documentary evidence relating to AFBCMR Docket Number BC-2004-
01104 was considered:

      Exhibit A.  DD Form 149, dated 28 Mar 04, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPRS, dated 16 Apr 04.
      Exhibit D.  Letter, SAFMRBR, dated 23 Apr 04.




                                             ALBERT F. LOWAS, JR.
                                             Panel Chair

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