Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2006-01329
Original file (BC-2006-01329.doc) Auto-classification: Denied


                       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

Similar Decisions

  • AF | BCMR | CY2006 | BC-2006-00611

    Original file (BC-2006-00611.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00611 INDEX CODE: 100.00, 110.02 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 SEP 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: Her separation code of “JFV” (condition not a disability) and her reenlistment eligibility (RE) code of 2C (involuntarily separated with an honorable discharge; or entry...

  • AF | BCMR | CY2003 | BC-2003-00438

    Original file (BC-2003-00438.doc) Auto-classification: Denied

    The following information was obtained from the Air Force Discharge Review Board (AFDRB) Hearing Record. On 17 Nov 00, the Air Force Discharge Review Board (AFDRB) considered and denied the applicant’s request for a change to the reason and authority for the discharge. After careful review of the available records and the information contained in the Air Force Discharge Review Board Hearing Record, the applicant’s discharge appears to be in compliance with the governing Air Force...

  • AF | BCMR | CY2004 | BC-2003-03997

    Original file (BC-2003-03997.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03997 INDEX NUMBER: 100.00, 110.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Her narrative reason for separation and reenlistment eligibility (RE) code be changed. A copy of the AFDRB Hearing Record is attached at Exhibit C. The applicant’s records were administratively corrected on 12 Jul 00 to...

  • AF | BCMR | CY2001 | 0003297

    Original file (0003297.doc) Auto-classification: Denied

    On 9 Apr 95, the applicant received a Letter of Reprimand (LOR) for failure to report for duty. On 29 May 98, the Air Force Discharge Review Board (AFDRB) denied applicant’s request that her discharge be upgraded to honorable (see Exhibit C). _________________________________________________________________ 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...

  • AF | DRB | CY2006 | FD2005-00328

    Original file (FD2005-00328.pdf) Auto-classification: Denied

    However, based upon the record and evidence provided by applicant, the Board finds the applicant's characterization of discharge inequitable. ISSUE: Applicant received a general discharge for misconduct - minor disciplinary infractions Applicant contends discharge was inequitable because it was too harsh and the DRB concurred. Although the records indicated the applicant received an Article 15, four Letters of Reprimand, three k t t e r s of Counseling, four Records of Individual...

  • AF | BCMR | CY2008 | BC-2008-00841

    Original file (BC-2008-00841.doc) Auto-classification: Denied

    On 2 Feb 07, applicant was discharged in the grade of airman basic, under the provisions of AFI 36-3208, by reason of misconduct, with service characterized as under honorable conditions (general) and was issued an RE Code of 2B (involuntarily separated with a general discharge). The Board acknowledged the applicant’s high motivation to re-enter military service; however, the Board denied an upgrade of his RE code. As noted in the statement of facts his RE code has been administratively...

  • AF | BCMR | CY2003 | BC-2003-00674

    Original file (BC-2003-00674.doc) Auto-classification: Denied

    (b) On 10 August 1986, received a Letter of Counseling (LOC) for failure to call his duty section as directed. On 18 December 1987, the Air Force Discharge Review Board (AFDRB) approved applicant's request for upgrade of his discharge to honorable; however, his request for a change of RE code was denied. Exhibit F. Letter, SAF/MRBR, dated 30 May 03.

  • AF | BCMR | CY2006 | BC-2006-00295

    Original file (BC-2006-00295.doc) Auto-classification: Denied

    DPPRS states that based on the documentation on file in the applicant’s master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. Additionally, the applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing, and she provided no facts warranting an upgrade of her discharge. Exhibit C. Letter, HQ AFPC/DPPRS, dated 15 Feb 06.

  • AF | BCMR | CY2000 | 0000314

    Original file (0000314.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-00314 INDEX CODES 110.02 111.02 111.05 126.04 134.01 134.02 XXXXXXXXXXX COUNSEL: No XXXXXXXXXXX HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: Her 1984 general discharge for “Misconduct - Pattern of Minor Disciplinary Infractions” be upgraded to honorable and the narrative reason be changed to “Medical...

  • AF | BCMR | CY2006 | BC-2005-03758

    Original file (BC-2005-03758.doc) Auto-classification: Denied

    (3) On 5 June 1989, the applicant received a Letter of Reprimand for reporting for duty over two hours late. Having found no error or injustice with regard to the actions that occurred while the applicant was a military member, we conclude that no basis exists to grant favorable action on her request. Exhibit E. FBI Report, dated 24 Jan 06.