RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01329
INDEX CODE: 112.10
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 NOV 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility (RE) code of 2C (involuntarily separated
with an honorable discharge; or entry level separation without
characterization of service) and her narrative reason for separation
be changed because she is desirous of re-entering the military.
___________________________________________________________________
APPLICANT CONTENDS THAT:
Her general (under honorable conditions) discharge was upgraded to
honorable by the Air Force Discharge Review Board (AFDRB) and that
she is requesting her RE code to be changed so that she can
reenlist in the Air Force. During her enlistment she endured a
hardship which led to her early involuntary separation. She knows
beyond a shadow of a doubt, if given the chance, she could have
been a productive member of the Air Force. She is more mature now,
and looks back at a lot of things she could have done differently.
Since her discharge, she has been employed within the private
sector and with state and federal government agencies, and a model
citizen.
In support of her appeal, applicant submitted a personal statement;
an extract from her AFDRB Hearing Record; several letters of
character reference, support and recommendation from her pastor,
ministers, co-workers, and friends, along with other supporting
documents.
Applicant’s complete submission, with attachments, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
On 23 Sep 93, applicant enlisted in the Regular Air Force for a
period of four years in the grade of airman basic. She was
progressively promoted to the grade of airman first class with an
effective date and date of rank of 23 Jan 95.
On 2 Feb 96, the squadron commander initiated administrative
discharge action against the applicant for misconduct,
specifically, minor disciplinary infractions. The reasons for the
proposed action were:
On 23 Jan 96, she received an Article 15 for failure to
go. For this offense her punishment consisted of a reduction in
grade to airman, with a new date of rank of 23 Jan 96. She also
received four (4) letters of reprimand (LORs) two (2) for failure
to follow instructions, for dereliction of duty and for being late
for duty; an memorandum for record (MFR) for lack of responsibility
concerning a family care program; three (3) letters of counseling
(LOCs) for being late for duty, not present for duty, negligence in
assigned duties, and financial irresponsibility; as well as four
(4) records of counseling (RICs) for missing a mandatory
appointment, not having an adequate family plan, dereliction of
duty, and being late for work, and four (4) verbal counseling (VBC)
for being late for an appointment, not wearing proper uniform, and
two (2) for financial irresponsibility.
On that same date, applicant acknowledged receipt of the discharge
notification. On 9 Feb 96, after consulting with counsel,
applicant submitted statements in her own behalf. On 12 Feb 96,
the Wing Staff Judge Advocate concurred with the findings and found
she demonstrated on numerous occasions she was unwilling to conform
to the standards expected of airmen in the United States Air Force.
He found the case to be legally sufficient to support discharge
without probation and rehabilitation (P&R). The discharge
authority approved a general (under honorable conditions) discharge
and stated probation and rehabilitation was not appropriate.
On 22 Feb 96, applicant was discharged under the provisions of
AFI 36-3208, by reason of misconduct, with service characterized as
general, under honorable conditions. She was credited with 2 years
and 5 months of active duty service.
On 14 Feb 06, the AFDRB reviewed all of the evidence of record and
concluded that the overall quality of the applicant’s service was
more accurately reflected by an honorable discharge. Applicant’s
DD Form 214 was corrected to reflect an honorable character of
service.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPRS recommended applicant’s request be denied. Based on
documentation in the file, they found the discharge consistent with
the procedural and substantive requirements of the discharge
regulation. Additionally, the discharge was within the sound
discretion of the discharge authority. They also noted applicant
did not submit any evidence or identify any errors or injustices
that occurred in the discharge processing and provided no other
facts warranting a change to her RE code or narrative reason for
separation.
HQ AFPC/DPPRS complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In the applicant’s response to the evaluation, she explained that
in filling out her request to the AFDRB, she was not aware she
could have requested more than one thing for consideration. She
still desires to be reinstated or have the opportunity to reenlist
into the Air Force. She explained point-by-point the circumstances
surrounding the misconduct which led to her Article 15 action and
subsequent discharge, and some of her accomplishments since leaving
the service.
Applicant’s complete response, with attachments, 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 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. We took notice of
the applicant's complete submission in judging the merits of the
case. The Board also noted the decision of the AFDRB; however,
they found no evidence that the applicant's reason for separation
was in error or contrary to the governing Air Force instructions.
Additionally, at the time members are separated from the Air Force,
they are furnished an RE code predicated upon the quality of their
service and circumstances of their separation. Applicant’s RE code
of 2C accurately reflects that she was involuntarily separated with
an honorable characterization of service. Therefore, in the
absence of persuasive evidence to the contrary, we find no
compelling 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-2006-01329 in Executive Session on 1 August 2006, under the
provisions of AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Elwood C. Lewis III, Member
Ms. Donna D. Jonkoff, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Apr 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPRS, dated 11 May 06.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 06.
Exhibit E. Letter, Applicant, dated 22 Jun 06, w/atchs.
JOHN B. HENNESSEY
Panel Chair
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