RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01454
INDEX CODE: 110.00, 112.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her under honorable conditions (general) discharge be upgraded to
honorable and her reenlistment eligibility (RE) code be changed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was judged as a kid being away from home for the first time. She
deserves a second chance to serve her country. She has been a great
asset to the Department of Defense (DOD) now and would like to show it
by serving on active duty. She was just young and naive.
Applicant did not provide any documents in support of the appeal.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 4 October 1995 for a
period of four years. She was progressively promoted to the grade of
airman (date unknown) and the grade of airman first class on 4
February 1997. She received three Enlisted Performance Reports (EPRs)
closing 3 June 1997, 15 February 1998, and 15 March 1999, in which the
overall evaluations were “3,” “3,” and “2.”
On 30 March 1999, applicant’s commander notified her that he was
recommending discharge from the Air Force for minor disciplinary
infractions. Basis for the action: (1) A Letter of Admonishment
(LOA) received on 14 July 1996, for being involved in a series of
confrontations at the Surf Mist Club. (2) A Letter of Counseling
(LOC) received on 21 October 1996, for failure to follow safety rules,
unprofessional attitude and a verbal disagreement with another
individual. (3) Verbally counseled for inappropriately using her
American Express charge card to obtain a rental car while on leave in
Florida (22 November - 6 December 1996). (4) An Article 15, dated 17
March 1999, for drinking alcohol while underage and being drunk and
disorderly, on or about 17 February 1997. (5) On 30 March 1998,
issued a traffic ticket for parking in a prohibited area. (6) a LOC
received on 17 July 1998, for misuse of Government American Express
Card. (7) An Article 15, dated 9 March 1999, for failure to report to
duty as scheduled on 11 February 1999. Her commander recommended a
general discharge. On 6 April 1999, after consulting with legal
advisor, she submitted a statement in her own behalf. She
acknowledged she understood she could receive a general discharge.
The base legal services reviewed the case and found it legally
sufficient to support the discharge and recommended a general
discharge without probation and rehabilitation (P&R). The Discharge
Authority approved the separation and directed a general discharge
without P&R.
The applicant, while serving in the grade of airman first class, was
separated from the Air Force on 28 April 1999 under the provisions of
AFI 36-3208, Administrative Separation of Airmen (misconduct - minor
disciplinary infractions), with an under honorable conditions
(general) discharge. She served three years, five months and six days
on active duty. Her RE code was 2B.
The Air Force Discharge Review Board (AFDRB) denied applicant’s
request for an upgrade of his general discharge to honorable on 22
February 2000. The AFDRB decision document is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS states that they believe the discharge was consistent with
the procedural and substantive requirements of the discharge
regulation. Additionally, the discharge was within the discretion of
the Discharge Authority.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 May 2004, a copy of the Air Force evaluation was forwarded to
the applicant for review and response 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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the conclusion that the
applicant has not been the victim of an error or injustice.
Therefore, in the absence of 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 this application in
Executive Session on 29 July 2004, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. Vance E. Lineberger, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Apr 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 19 May 04.
Exhibit D. Letter, SAF/MRBR, dated 28 May 04.
RICHARD A. PETERSON
Panel Chair
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