RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00290
INDEX CODE: 110.02
XXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 August 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her narrative reason for separation be changed to medical versus
unsatisfactory performance.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She performed in an outstanding manner during her eight years of service
until a physically disabling condition, accompanied with severe pain,
affected her career and quality of life. The medical community failed to
diagnose her condition, causing her to become dependent on pain medications
and making her unable to concentrate or focus on her career tasks. She
failed two of her 7-skill level exams because she was suffering from severe
pain during one exam and under the influence of the pain medications during
the other exam.
In support of her application, the applicant provides copies of her DD Form
214, Certificate of Release or Discharge from Active Duty; Department of
Veterans Affairs (DVA) rating decision; and a civilian doctor’s letter of
evaluation. The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 4 March 1994, the applicant enlisted in the Regular Air Force at the age
of 23 in the grade of airman (E-2) for a period of four years. She was
progressively promoted to the grade of staff sergeant (E-5) effective and
with a date of rank of 1 December 2000.
On 5 March 2002, the applicant failed her 7-level Career Development Course
(CDC) end-of-course examination. On 21 May 2002, the applicant failed her
7-level Career Development Course (CDC) end-of-course examination for the
second time. On 25 June 2002, the applicant was notified by her commander
of the intent to recommend her for discharge for unsatisfactory
performance. The applicant was advised of her rights to consult counsel
and to submit a statement in her own behalf. On 9 July 2002, the applicant
waived her right to an administrative discharge board with a conditional
waiver for no less than an honorable discharge if the recommendation for
her discharge was approved. In a legal review of the discharge case file,
the staff judge advocate found the file legally sufficient and recommended
the applicant be separated from the service with an honorable discharge
without probation or rehabilitation (P&R). On 5 August 2002, the discharge
authority directed the applicant be discharged under the provisions of Air
Force Instruction 36-3208, paragraph 5.26.3, with an honorable discharge
without P&R.
On 5 August 2002, the applicant was discharged with an honorable discharge
with a narrative reason for separation of unsatisfactory performance. She
served eight years, six months and five days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
On 12 May 2006, the applicant was notified that attempts to obtain her
service medical records from the Department of Veteran’s Affairs were
unsuccessful; therefore, without her service medical records, her
application would not be able to be fully evaluated by the Air Force Office
of Primary Responsibility.
SAF/MRBR requested a response from the applicant within 30 days in
reference to obtaining her service medical records; however, as of this
date this office has not received a response. Therefore, no Air Force
Advisory evaluation has been provided.
The SAF/MRBR letter is at Exhibit C.
_________________________________________________________________
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. Based upon the presumption of regularity
in the conduct of governmental affairs and without evidence to the
contrary, we must assume that the applicant's discharge, and specifically
her narrative reason for separation, was proper and in compliance with
appropriate directives. Therefore, based on the available evidence of
record, we find no basis upon which to favorably consider 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 28 June 2006, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Grover L. Dunn, Member
Mr. John E. B. Smith, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2006-00290:
Exhibit A. DD Form 149, dated 16 Feb 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 24 Aug 05.
Exhibit D. Letter, SAF/MRBR, dated 2 Sep 05.
MICHAEL J. NOVEL
Panel Chair
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