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AF | BCMR | CY2006 | BC-2006-01414
Original file (BC-2006-01414.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01414
            INDEX CODES:  100.06, 110.02

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  9 NOV 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code of 2B be changed  to  one  that
would allow her reentry on active duty in the Air Force.

Her narrative reason for separation be changed  from  “Misconduct”  to
“Pregnancy.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

When she first requested to be separated based on her  pregnancy,  her
commander gave her the option to remain  on  active  duty.   When  she
later got into trouble, he again gave her that  option;  however,  she
wanted to separate.  As a result, he discharged her for misconduct.

In support of her appeal, the applicant provided  several  statements,
extracts from her records, and other  documents  associated  with  the
matter under review.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19  Oct  03  for  a
period of four years in the grade of airman basic.

On 14 Jun 04, the applicant’s  commander  notified  her  that  he  was
recommending she  be  discharged  from  the  service  based  on  minor
disciplinary infractions.  The reasons for the action were:

      a.  On or about 28 Mar 04, she absented herself  from  her  unit
and remained absent until on or about 1 Apr 04.  Additionally,  on  or
about 8 Apr 04 and on or about 9 Apr 04,  she  failed  to  go  at  the
prescribed  time  to  her  appointed  place  of   duty.    For   these
infractions, she received an Article 15.  Her punishment consisted  of
a forfeiture of $289.00, restriction to McChord Air Force  Base  (AFB)
for 60 days, 30 days suspended, and a reprimand.

      b.  On or about 28 Apr 04, she broke her restriction to  McChord
AFB.  For this infraction, her suspended restriction  to  McChord  AFB
for 30 days was vacated.  This  action  was  placed  in  her  existing
Unfavorable Information File (UIF).

      c.  On or about 9 May  04,  she  willfully  disobeyed  a  lawful
command and was derelict in the performance of her duties  by  failing
to remain on McChord AFB.   For  these  infractions,  she  received  a
second Article 15.  Her punishment consisted of a reprimand.

The applicant was advised of her rights  in  the  matter  and  that  a
general discharge would be recommended.

On 6 Jul 04, the discharge authority approved the discharge action and
directed the applicant be discharged with a general discharge.

On 12 Jul 04, the applicant was discharged under the provisions of AFI
36-3208 (Misconduct) in the grade of  airman  basic  and  furnished  a
general discharge.  She was assigned an RE code of 2B (Separated  with
a general or under other than honorable conditions (UOTHC) discharge).
 She was credited with eight months and 24 days of active service.

On 7 Feb 06, the Air Force Discharge Review Board  (AFDRB)  considered
and denied the applicant’s request to upgrade her general discharge to
honorable and  change  her  RE  code  and  reason  and  authority  for
discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommended  denial   indicating   that   based   on   the
documentation in her records, 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  or
injustices that occurred in the discharge processing.  She provided no
facts warranting a change to  her  RE code  or  narrative  reason  for
separation.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  26
May 06 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit D).

_________________________________________________________________

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.  The evidence of record indicates
the applicant was involuntarily  discharged  for  misconduct  and  was
assigned an RE code of 2B.  No evidence has been presented that  would
lead us to believe the discharge action and reason for her  separation
was improper or contrary to the governing directives  under  which  it
was effected,  or  that  the  RE code  was  inappropriately  assigned.
Therefore, in the absence of  evidence  the  applicant's  rights  were
violated, the information contained in the  discharge  case  file  was
erroneous, or that her superiors abused their discretionary authority,
we find no compelling basis to recommend granting the relief sought in
this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2006-01414 in Executive Session on 12 Jul 06, under the provisions  of
AFI 36-2603:

      Ms. B. J. White-Olson, Panel Chair
      Ms. Debra K. Walker, Member
      Ms. Judith B. Oliva, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Mar 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 26 May 06.




                                   B. J. WHITE-OLSON
                                   Panel Chair



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