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AF | BCMR | CY2006 | BC-2006-00290
Original file (BC-2006-00290.DOC) Auto-classification: Denied

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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