ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00255
INDEX CODE: 110.00, 112.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation (Marginal Performer Assigned to
Organizational Unit) and her separation program designator (SPD) code
changed. In addition to her request for reconsideration, she requests her
Reenlistment Eligibility (RE) code (2P) changed.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 27 June 1979 in the grade of
airman basic for a period of four years.
On 5 December 1980, the applicant was notified of her commander's intent to
impose nonjudicial punishment upon her for the following: she did, on or
about 4 December 1980, assault an airman by spraying her in the eye with
window cleaner.
After consulting with counsel, the applicant waived her right to a trial by
court-martial, desired to make an oral presentation, submitted a written
presentation, and did not desire that it be public.
She was found guilty by her commander who imposed the following punishment:
reduction in grade from airman first class to airman and a forfeiture of
$50.00 pay per month for two months. The execution of the punishment for
reduction to airman was suspended until 11 June 1981, at which time, unless
the suspension was sooner vacated it would be remitted without further
action.
The applicant did not appeal the punishment. The Article 15 was filed in
her Unfavorable Information File (UIF).
On 24 February 1981, the applicant was notified of her commander's intent
to initiate discharge action against her for Marginal Performance. The
specific reasons follow:
a. She did, on 19 February 1980, at Altus AFB, Oklahoma, failed to
report to work on time.
b. She did, on 14 April 1980, at Altus AFB, Oklahoma, failed to
report back to work, from lunch on time.
c. She did, on 29 April 1980, at Altus AFB, Oklahoma, failed to
report to work on time.
d. She did on 1 August 1980, at Altus AFB, Oklahoma, failed to
secure the bench stock area.
e. She was on 14 August 1980, at Altus AFB, Oklahoma, disrespectful
to her fellow co-workers.
f. She did, on 19 September 1980, at Altus AFB, Oklahoma, showed no
respect for other people’s property in Building 313.
g. She did, on 17 September 1980, at Altus AFB, Oklahoma, lose her
meal card for the second time.
h. She did, on 3 December 1980, at Altus AFB, Oklahoma, call someone
a b----. Also, she acted in a manner not conducive to the Air Force, while
in dorm 313, with her manner of speech, which was in violation of Article
117 of the Uniform Code of Military Justice (UCMJ).
i. Article 15 action dated 4 December 1980.
j. She did, on 10 February 1981, at Altus AFB, Oklahoma, made
numerous unofficial visits to bench stock, after being told not to.
k. She did on 12 February 1981, at Altus AFB, Oklahoma, failed to
comply with Air Force regulations, by showing disrespect to an officer.
The commander advised the applicant of her right to consult legal counsel
and to submit statements in her own behalf; or waive the above rights after
consulting with counsel.
The commander indicated in his recommendation for discharge action that the
applicant was counseled on numerous occasions by her superiors, including
the first sergeant, with negative results. Further rehabilitation efforts
would not be in the best interest of the Air Force.
After consulting with counsel, the applicant submitted statements in her
own behalf.
On 10 March 1981, a legal review was conducted and the Staff Judge Advocate
recommended the applicant be honorably discharged.
On 11 March 1981, the convening authority approved the applicant’s
discharge.
The applicant was honorably discharged on 13 March 1981, in the grade of
airman first class, in accordance with AFR 39-10 (Marginal Performer
Assigned to Organizational Unit) and given an RE code of 2P - Separated
under AFR 39-10 as marginal performer or to preserve good order and
discipline, BMT eliminees discharge due to erroneous enlistment,
concealment of civilian convictions, etc. She completed 1 year, 8 months,
and 17 days of total active duty service.
On 30 December 1981, the Air Force Board for Correction of Military Records
(AFBCMR) denied the applicant’s request to reinstate her on active duty and
to change the reason and authority for her discharge. The Record of
Proceedings (ROP) with attachments is at Exhibit E.
On 1 March 2005, the Board staff received the applicant’s request for
reconsideration. The applicant indicated she was separated from the
service and given an honorable discharge at the convenience of the Air
Force. The separation code, RE code and narrative reason for separation
has followed her for over 20 years and has hindered her opportunity to find
employment. She has been denied employment based on her separation codes.
She further indicated she was young, inexperienced and in a different
environment from what she was used to - being at home. She indicated she
was not guilty of any misconduct or crime and it is unfair for these things
to be hindering her after 20 years (Exhibit F).
Pursuant to the Board's request, the Federal Bureau of Investigation,
Clarksburg, West Virginia, indicated they were unable to identify with
arrest record on the basis of information furnished (Exhibit G).
On 3 March 2005, the Board staff requested the applicant provide post-
service documentation within 20 days (Exhibit H). The applicant provided a
criminal history check from the Dearborn Heights, Michigan, Police
Department, dated 1 March 2005, which is at Exhibit I.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. Insufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting a change to her narrative
reason for separation, separation program designator code, and RE code.
After a thorough review of the evidence of record and the applicant’s
submission, the majority of the Board is of the opinion that given the
circumstances surrounding the applicant’s separation from the Air Force,
the narrative reason for separation and separation codes assigned were
proper and in compliance with the appropriate directives. The applicant
has not provided any evidence which would lead us to believe otherwise.
The applicant provided a personal affidavit, dated 10 July 1981, indicating
one of the reasons for her application for review of discharge was sexual
assault and harassment by fellow and superior Air Force personnel. The
majority of the Board notes the applicant has not provided evidence to
support her allegations and if she provided supporting documentation (i.e.,
eyewitness statements) they would be willing to reconsider her appeal. The
Board advised that she contact the worldwide locator at HQ AFPC (MSIDL),
550 C Street West, Randolph AFB, TX 78150, phone number 210/565-2248.
Therefore, in the absence of evidence to the contrary, the majority of the
Board finds no compelling basis to recommend granting the relief sought.
2. 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 DETERMINES THAT:
A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2005-
00255 in Executive Session on 5 April 2005, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Joseph D. Yount, Member
Mrs. Barbara R. Murray, Member
By a majority vote, the Board recommended denial of the application. Mrs.
Barbara R. Murray voted to grant, but she does not wish to submit a
Minority Report. The following documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 7 April 1982,
W/atchs.
Exhibit F. DD Form 149, dated 21 December 2004, w/atchs.
Exhibit G. Negative FBI Report.
Exhibit H. Letter, AFBCMR, dated 3 March 2005, w/atch.
Exhibit I. Letter, Dearborn Heights, MI Police Department,
dated 1 March 2005.
THOMAS S. MARKIEWICZ
Chair
AFBCMR BC-2005-00255
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of
I have carefully reviewed the evidence of record and the
recommendation of the Board members. A majority found that applicant had
not provided sufficient evidence of error or injustice and recommended the
case be denied. I concur with that finding and their conclusion that
relief is not warranted. Accordingly, I accept their recommendation that
the application be denied.
Please advise the applicant accordingly.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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