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AF | BCMR | CY2006 | BC-2006-00704
Original file (BC-2006-00704.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00704
            INDEX CODE:  110.00
      XXXXXXXXXXX      COUNSEL:  NONE
      XXXXXXXXXXX      HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general (under honorable conditions) discharge  be  set  aside  and  her
discharge be changed to a disability discharge.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was found medically unfit but was discharged with  a  general  discharge
before final disposition of her medical case was finalized.

In support of her appeal, applicant submits a copy of AFPC/DPPD,  Disability
Operations Branch, letter dated 10 Jan 06 and a copy of  her  DD  Form  214.
Applicant’s submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 June 2000, the applicant enlisted in  the  Regular  Air  Force  for  a
period of 6 years.  She was progressively promoted to the  grade  of  senior
airman (E-4).

Records  reflect  that  based  on  the  applicant’s  condition  of   Chronic
Constipation and Abdominal Pain, a Medical Evaluation Board  (MEB)  convened
to consider her case.  On 6 December 2004, the  MEB  rendered  diagnoses  of
Chronic Constipation and Abdominal Pain.  The  MEB  referred  the  case  for
consideration by an  Informal  Physical  Evaluation  Board  (IPEB).   On  21
December 2004, an IPEB was convened to consider her case.  The  board  found
that the applicant was physically unfit for further military duty  and  that
her condition was ratable at 10%.  The board recommended that the  applicant
be discharged with severance pay.

On 2 August 2005, the applicant was tried by a  general  court-martial  for
violation of Article 112a,  wrongful  use  of  methamphetamine.   She  pled
guilty, was found guilty and was sentenced to be reduced to the grade of E-
1, airman basic and 90 days hard labor without confinement.   The  sentence
was subsequently approved but the execution of that part  of  the  sentence
extending to hard labor without confinement was suspended for  two  months,
at which time, unless the suspension is sooner vacated, the suspended  part
of the sentence would be remitted without further action.

On 14 October 2005, the applicant  was  discharged  with  a  general  (under
honorable conditions) discharge because of  misconduct.   She  was  credited
with 5 years, 3 months and 20 days, of total active duty service.

On  10  January  2006,  AFPC/DPPD  advised  the  applicant  that   she   was
erroneously discharged  prior  to  the  final  disposition  of  her  medical
disability case.  She was given the option to apply for a correction of  her
military record to allow her dual action case be reviewed by the  SAFPC  for
their recommendation for the type of discharge action.

On 6 April 2006, the  Secretary  of  the  Air  Force  recommended  that  the
previously  executed  AFI  36-3208  (Administrative  Separation  of  Airmen)
action be sustained, and, thus, terminating the action under the  provisions
of  AF-36-3212  (Physical  Evaluation   for   Retention,   Retirement,   and
Separation) based upon the establishment  that  the  member’s  physical  and
mental impairments should not have inhibited her ability to distinguish  the
difference between right and wrong.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPD recommends the application be denied.  DPPD states  the  applicant
was inadvertently discharged while still undergoing  disability  processing.
After completion of the court  martial,  the  administrative  discharge  was
initiated and finalized without being seen  by  the  Secretary  of  the  Air
Force Personnel Council.   Both the administrative and the disability  cases
should have been forwarded to the SAFPC as a dual action process  and  grade
determination if required.   On  6  April  2006,  DPPD  advises  that  SAFPC
reviewed both the medical board findings and  the  administrative  discharge
package and  recommended  the  administrative  discharge  be  upheld.    The
AFPC/DPPD evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant  submits  various  medical   documents   from   the   Presbyterian
Healthcare Services and from the 377th  Medical  Group,  Kirtland  AFB,  NM.
Applicant’s submission is at Exhibit E.
_________________________________________________________________




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.  After a thorough review  of  the  evidence
of record and the applicant’s submission, we  are  not  persuaded  that  her
discharge prior to the final disposition of her medical  case  was  of  such
severity to warrant her general discharge being set  aside.   The  applicant
points to the Disability Operations Branch (AFPC/DPPD) letter  advising  her
that she was erroneously discharged prior to the final  disposition  of  her
medical disability case.   We note that, on 6 April 2006, the  Secretary  of
the Air Force Personnel Council (SAF/PC)  recommended  that  the  previously
executed administrative separation action be sustained.  Having no basis  to
question  the  integrity  of  the  SAF/PC  who  asserts  they  conducted   a
retrospective “dual-action” review of the applicant’s  case  and  recommends
the previously executed action remain in effect, the  Board  concludes  that
the error in discharging the applicant prior to  the  final  disposition  of
her case constitutes  a  harmless  error.   Therefore,  in  the  absence  of
substantial evidence to the contrary, we find no basis to grant  the  relief
sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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 23 May 2006, under the provisions of AFI 36-2603:

            Ms. Cathlynn B. Sparks, Panel Chair
            Ms. Josephine L. Davis, Member
            Mr. Jay H. Jordan, Member

The following documentary evidence for AFBCMR  Docket  Number  06-00704  was
considered:

     Exhibit A.  DD Form 149, dtd 1 Mar 06, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPD, dtd 18 Apr 06, w/atch.
     Exhibit D.  Letter, SAF/MRBR, dtd 28 Apr 06.
     Exhibit E.  Correspondence, Applicant, rcvd 9 May 06.





                                  CATHLYNN B. SPARKS
                                  Panel Chair

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