RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00609
INDEX CODE: 100.03, 100.06
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 SEP 07
________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility (RE) and separation program designator (SPD)
code be changed so she may reenter military service.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was separated because of a mental health history that was determined to
render her ineligible for military service. Although she received
counseling, it was deemed that she has no mental defects and should not be
restricted from military service. At the time of her separation she was
under emotional strain caused by her former husband's threats of suicide
over their separation. Applicant understands she will not be able to
return to the Air Force but wishes to serve in the U.S. Navy. She has
divorced her husband and with the source of her duress removed, there is no
impediment to her becoming a successful member of the armed forces.
In support of her request, applicant provided a personal statement and a
statement from her physician. Her complete submission, with attachments,
is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 6 Jan 04. On 26 Jan 04, she
was notified by her commander he was recommending she be separated from the
Air Force under the provisions of AFI 36-3208, paragraph 5.15, for
fraudulent entry. The basis for the recommendation was her failure to
indicate she had a history of mental health treatment. She acknowledged
receipt of the notification and elected to waive her rights to consult with
counsel and submit statements in her own behalf. The base legal office
reviewed the recommendation, found it legally sufficient, and recommended
separation with an entry-level separation. The discharge authority
concurred with the recommendations and directed her separation. She was
separated on 30 Jan 04. She was assigned RE code "2C" which denotes
"Involuntarily separated with an honorable discharge; or entry level
separation without characterization of service." She was assigned SPD code
"JDA" which denotes "Fraudulent entry into military service."
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPRS recommends denial. DPPRS states the discharge was consistent
with the procedural and substantive requirements of the discharge
regulation and was within the discretion of the discharge authority. The
applicant did not submit any evidence or identify any errors in her
discharge processing. She provided no facts warranting a change to her RE
or SPD codes.
The DPPRS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 24 Mar
06 for review and comment within 30 days. As of this date, this office has
received no response.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
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. As stated, the applicant did not
submit any evidence or identify any errors or injustices that occurred in
the discharge processing. Nor did she provide any facts warranting a
change to her reenlistment eligibility code or SPD. Therefore, in the
absence of evidence to the contrary, we find no 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 AFBCMR Docket Number BC-2006-
00609 in Executive Session on 9 May 2006, under the provisions of AFI 36-
2603:
Mr. James W. Russell III, Panel Chair
Ms. Mary C. Puckett, Member
Mr. Steven A. Cantrell, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Feb 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 17 Mar 06.
Exhibit D. Letter, SAF/MRBR, dated 24 Mar 06.
JAMES W. RUSSELL III
Panel Chair
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