RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02221
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 JANUARY 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Narrative Reason for Separation (Unsatisfactory Performance) be
removed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reason for separation "Unsatisfactory Performance" is an unjust
statement because she was suffering from depression which went
unrecognized. She believes that if her depression would have been treated
she would have been an outstanding law enforcement specialist.
In support of her request, she submits a personal statement, a copy of her
DD Form 214 and a copy of a US Department of Labor Certification of Health
Care Provider.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 2 March 1989, the applicant enlisted in the Regular Air Force in the
grade of airman basic (E-1) for a period of 4 years. She was progressively
promoted to the grade of airman (E-2), with a date of rank of 2 September
1989. She received an Enlisted Performance Report closing 6 November 1989
in which the overall evaluation was 1.
On 21 September 1989, 25 September 1989, 19 September 1989, 7 October 1989,
5 October 1989, 28 October 1989, 31 October 1989 and 3 November 19897, she
received letters of counseling for failure to complete Volume 2 of her
Career Development Course, failure to attend a medical appointment, failure
to report for Security Police Training, failure to wear appropriate gear
and fabricating an excuse as to why she did not have her gear and for being
two hours late for work, failure of her Quality Control Evaluation for her
duty position of Law Enforcement Gate Guard, failure on three occasions to
make the proper response to the exercise duress word, failure to keep a
mandatory appointment for a Reading Comprehension Test, failure to meet the
standards of performance and failure to report for a directed separation
physical at the base hospital, respectively.
On 28 September 1989, she received a Letter of Admonishment for her
unsatisfactory duty performance during the month of September 1989 and for
failing to pay back money she had borrowed from friends and dorm occupants.
On 24 October 1989, she received a second Quality Control Evaluation
failure to her duty position of Law Enforcement Gate Guard.
On 5 December 1989, the applicant’s commander initiated discharge
proceedings against her under the provisions of AFR 39-10, paragraph 5-
26a(1), for unsatisfactory performance. The applicant was notified of her
commander’s recommendation and that an honorable discharge was being
recommended. She was advised of her rights consulted counsel and waived
her right to submit statements in her own behalf. In a legal review of the
discharge case file, the staff judge advocate found it legally sufficient
and recommended that she be discharged from the Air Force with a honorable
discharge and concurred with the commander that the applicant not be
considered for probation and rehabilitation. On 15 December 1989, the
discharge authority directed that she be discharged with an honorable
discharge. Subsequently, the applicant was discharged under the provisions
of AFR 39-10 (Unsatisfactory Performance) and received an Honorable
discharge. She served 9 months, and 14 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPRS recommends the application be denied. DPPRS states that based
upon the documentation in the file, they conclude that the discharge was
consistent with the procedural and substantive requirements of the
discharge regulation and that the applicant did not identify any errors or
injustices in the discharge processing. The Air Force evaluation is at
Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
11 August 2006 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 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 that would warrant a change to her
narrative reason for separation. Evidence has not been provided that
would lead us to believe that the applicant’s discharge in 1989 was
erroneous or unjust. Therefore, we have no basis to conclude that the
corresponding reason for separation does not accurately reflect the
circumstances of her separation. In the absence of evidence to indicate
that the information contained in her records is erroneous or that her
commander abused his discretionary authority, 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 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 Docket Number BC-2006-02221
in Executive Session on 13 September 2006, under the provisions of AFI 36-
2603:
Mr. Michael J. Maglio, Panel Chair
Mr. Gary G. Sauner, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence pertaining to Docket Number BC-2006-
02221 was considered:
Exhibit A. DD Form 149, dated 19 Jul 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPRS, dated 2 Aug 06.
Exhibit D. Letter, SAF/MRBR, dated 11 Aug 06.
MICHAEL J. MAGLIO
Panel Chair
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