RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00561
            INDEX NUMBER:  112.00
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  Yes


MANDATORY CASE COMPLETION DATE:  21 Aug 07


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her nonselection for reenlistment by her commander be  overturned  and
she be reinstated to active duty in the Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons stated on the AF Form 418, “Selective Reenlistment Program
Consideration,” by her commander to justify his  nonselection  of  her
for reenlistment are arbitrary and legally unjustified.

During her four years of service, she received the highest ratings  on
her Enlisted Performance Reports (EPRs), received several awards,  and
was selected for promotion to staff sergeant  (SSgt)  the  very  first
time she tested.

Since the AF Form 418  is  an  official  document,  she  believes  the
commander abused his authority by making  statements  that  are  half-
truths, which in essence makes them false.  The commander  states  she
was unable to perform her primary duties for approximately  390  days.
However,  her  EPRs  are  proof  she  in  fact  performed  her  duties
throughout her four years of service.  What the  commander  is  making
reference to is her decertification  from  the  Personnel  Reliability
Program (PRP).  Decertification from PRP is  not  punishable  and  has
never kept her from performing her primary duties.

The  statements  regarding  her  medical  history   are   biased   and
opinionated.  A letter written by her staff psychiatrist that she  was
capable of performing her primary duties was evidently ignored by  her
immediate commander and the mission  support  group  commander.   Many
letters of  recommendation  written  by  her  co-workers,  peers,  and
friends were also ignored.  She notes that in accordance with AFI  36-
2606, commanders make selection or  nonselection  decisions  that  are
consistent with other qualitative decisions, such as promotion,  which
are based on substantial evidence.

She believes she was denied reenlistment because she  tried  to  cross
train into a new career field and obtain a permanent change of station
(PCS) assignment.

In support of her appeal, applicant provides  documentation  regarding
her nonselection for reenlistment, her appeal, copies of documentation
from her record of performance, and extracts from her medical records.

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

_________________________________________________________________

STATEMENT OF FACTS:

According to information contained in the official military  personnel
record, the applicant entered active duty in the Air Force on  11  Dec
01.  She was progressively promoted up to the grade of  senior  airman
(SrA).  A resume of her EPRs follows:

      Closeout Date                     Overall Rating

      15 Jul 03                         5
      02 Jun 04                         5
      02 Jun 05                         5

The applicant tested for promotion to the grade of SSgt  during  cycle
05E5 (tested 23 May 05) and  was  tentatively  selected,  receiving  a
promotion sequence number of 9569, which would have incremented  on  1
Apr 06.

On 1 Sep 05, an Air Force staff psychiatrist recommended the applicant
be permanently decertified from the PRP based on recurrent visits  for
stress related concerns over three years unresponsive  to  medications
or therapy.  On 4 Oct 05, the applicant’s commander notified  her  via
an  AF  Form  286A,  “Notification  of   Nuclear   Weapons   Personnel
Reliability   Program    Permanent    Decertification/Disqualification
Action,” he was concurring with  the  recommendation  of  the  medical
authority to permanently decertify her from the  PRP.   The  applicant
acknowledged receipt and understanding on 4 Oct 05 and elected not  to
submit additional information.   On  16  Oct  05,  the  applicant  was
permanently decertified from the PRP.

On  18  Oct  05,  the  applicant’s  supervisor  recommended  her   for
reenlistment via AF IMT 418.  On 28 Oct 05, the applicant’s  immediate
commander indicated on the AF IMT 418 that she was  not  selected  for
reenlistment.  The commander indicated  in  his  remarks  he  did  not
concur with  the  supervisor’s  recommendation  and  states  that  the
applicant’s actions over the last  four  years  had  demonstrated  her
inability to accept responsibility  and  the  stress  associated  with
airman tasks.  The commander further noted other deficiencies  in  the
applicant’s performance and behavior.  On  4  Nov  05,  the  applicant
submitted a  written  appeal  with  supporting  documentation  to  the
discharge authority.  On 30 Nov 05,  the  Wing  Staff  Judge  Advocate
found the commander’s decision  to  deny  the  applicant  reenlistment
legally sufficient and recommended to the discharge authority he  deny
the applicant’s appeal.  On 1 Dec 05, the discharge  authority  denied
the applicant’s appeal.

The applicant was released from active duty on 10 Dec 05 and  given  a
reentry code of “2X,” “First  –term,  second-term,  or  career  airman
considered but not  selected  for  reenlistment  under  the  selective
reenlistment program” (SRP).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s  requests.   Based  on
the documentation in the  master  personnel  records  the  applicant’s
separation  was  consistent  with  the  procedural   and   substantive
requirements of the discharge regulation.

The complete evaluation is at Exhibit C.

AFPC/DPPAE recommends the applicant’s RE  code  be  changed  to  “3K,”
“Secretarial Authority,” or the  Board  consider  reinstating  her  to
active duty.  After reviewing the applicant’s records, they  found  no
“smoking gun” to support the commander’s action.   The  applicant  was
recommended for promotion  testing  and,  subsequently,  selected  for
promotion.  There are no overwhelming negative quality factors,  EPRs,
unfavorable information, or other evidence to support  the  denial  of
reenlistment over the applicant’s career or even the last 16 months.

The complete evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In her response to the Air Force evaluations, the applicant notes  her
disagreement  with  the  evaluation  and  recommendation  prepared  by
AFPC/DPPRS and her agreement with the  evaluation  and  recommendation
prepared by AFPC/DPPAE.  She also  submits  the  following  additional
evidence for the Board’s consideration:

        a.  Air Force Form 418, dated 29 Sep 04, which  indicates  she
was selected for reenlistment just 13 months prior to the AF Form  418
dated 28 Oct 05 denying  her  reenlistment.   Applicant  believes  the
earlier dated 418 contradicts the later.

         b.  A  copy  of  a  Report  on  Individual  Personnel  (RIP),
indicating she was approved for a permanent change  of  station  (PCS)
assignment.

        c.  A copy of the legal review  prepared  by  her  Wing  staff
judge advocate, which she disputes as incorrect when it stated she was
unable to perform her primary duties as a Security Forces member.

The applicant’s complete response, with attachments, is at Exhibit F.

_________________________________________________________________

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.   After  reviewing  the  complete
evidence of record and the divergent  advisory  opinions  prepared  by
AFPC/DPPRS and AFPC/DPPAE, we believe the evidence of record  supports
the analysis provided by AFPC/DPPAE.  In that regard,  we  agree  with
their recommendation to grant the applicant  relief  and  adopt  their
rationale  as  the  primary  basis  for  our  determination  that  the
applicant has been the victim of an error or  injustice.   This  Board
recognizes that a commander’s actions should not be taken lightly.  We
also realize that the commander’s first hand view and knowledge of the
applicant may have provided insight  not  documented  in  the  record.
However,  in  reviewing  the  justification  denying   the   applicant
reenlistment, we find the disparity between the justification provided
and the evidence of record too great to  ignore.   The  applicant  was
recommended for reenlistment  by  her  immediate  supervisor  and  her
documented record of performance was outstanding.   Additionally,  the
same commander had signed an AF Form 418 selecting the  applicant  for
reenlistment only 13 months earlier.  This action  directly  conflicts
with his subsequent action to deny her  reenlistment.   In  justifying
his action for not selecting her for reenlistment he  states  that  he
based his decision on the applicant’s actions over the  previous  four
years.  Clearly, the evidence of record  contradicts  the  commander’s
rationale and creates doubt as to whether the decision made  was  just
and equitable.  We believe any doubt,  in  this  instance,  should  be
resolved in  the  applicant’s  favor.   Therefore,  we  recommend  the
applicant’s records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:

        a.  She was honorably discharged on 21 April 2005 rather than
10 December 2005, and reenlisted in the Regular Air Force on 22 April
2005 for a period of four (4) years, with entitlement to a Zone A,
Multiple 1.5, Selective Reenlistment Bonus (SRB) based on three years
of continued service.

        b.  The AF Form 418 signed by her commander on 28 October 2005
be declared void and removed from her records.

        c.  On 10 December 2005 she was ordered on a permanent change
of station (PCS) move to her home of record pending further orders.

        d.  She was promoted to the grade of staff sergeant (E-5)
effective, and with a date of rank of, 1 April 2006.

_______________________________________________________________

The following members of the Board considered Docket  Number  BC-2006-
00561 in Executive Session on 24 August 2006, under the provisions  of
AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Jan Mulligan, Member
      Mr. Gregory A. Parker, Member

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

     Exhibit A.  DD Form 149, dated 27 Jan 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memo, AFPC/DPPRS, dated 16 Jun 06.
     Exhibit D.  Memo, AFPC/DPPAE, dated 28 Jun 06.
     Exhibit E.  Letter, SAF/MRBR, dated 14 Jul 06.
     Exhibit F.  Memo, Applicant, dated 17 Jul 06,.w/atchs.




                                   MICHAEL J. NOVEL
                                   Panel Chair


AFBCMR BC-2006-00561




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 XXXXXXX, XXXXXXX, be corrected to show that:


            a.  She was honorably discharged on 21 April 2005 rather than
10 December 2005, and reenlisted in the Regular Air Force on 22 April 2005
for a period of four (4) years, with entitlement to a Zone A, Multiple 1.5,
Selective Reenlistment Bonus (SRB) based on three years of continued
service.

            b.  The AF Form 418 signed by her commander on 28 October 2005
be, and hereby is, declared void and removed from her records.

            c.  On 10 December 2005, she was ordered on a permanent change
of station (PCS) move to her home of record pending further orders.

            d.  She was promoted to the grade of staff sergeant (E-5)
effective, and with a date of rank of, 1 April 2006.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency