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AF | BCMR | CY2007 | BC-2007-01343
Original file (BC-2007-01343.doc) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


      IN THE MATTER OF:            DOCKET NUMBER:  BC-2007-01343
            INDEX CODE: 112.10
      XXXXXXX                     COUNSEL:  NONE
                                   HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 5 NOVEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her reenlistment (RE) code be changed to permit reentry into the military.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was not represented properly when responding to her  placement  on  the
control roster.  The attorney assigned to her base was on a temporary  duty
assignment; therefore she had to seek representation  from  another  state.
She states she was only an airman defending herself against a technical and
master sergeant as well as her first sergeant and  commander.   She  states
her NCOIC, superintendent, direct supervisor were new and did  not  support
her.   In  addition,  since  separating  from  the  Air  Force,   she   has
successfully maintained steady employment, her children are well cared  for
and she has not faced any problems with any of the jobs she has held.   She
wants the opportunity to reenter the military  because  she  felt  part  of
something and enjoyed being of service to her country.   She  believes  she
would be an asset to the Navy.

In support of her request, the applicant  submits  a  personal  letter  and
character references.

Her complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 8 March 2001 in the grade of  airman
basic.  Since she was a six year enlistee, on 10 July 2001 she was promoted
to airman first class.

On 26 February 2004 she was notified by her commander that  she  was  being
discharged from the United States Air Force (USAF) under  the  Fiscal  Year
2004 Force Shaping Program.  The specific reason she fell under  the  Force
Shaping Program  was  that  she  was  placed  on  the  control  roster  for
unacceptable behavior and duty performance. She was given 120 days from the
date of notification to separate from the USAF with an honorable discharge.
 On the same day, she acknowledged receipt of the notification.

At the time of her separation, she  was  serving  on  the  control  roster,
therefore her RE code was established as  "4I"  which  denotes  serving  on
control roster."

On 25 June 2004, she was honorably discharged from the USAF in the grade of
senior airman.

She served 3 years, 3 months and 18 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states her commander was afforded  the
opportunity to determine if her retention was warranted and, if  authorized
change her codes.  The applicant was denied retention and  separated  under
the Force Shaping Program guidance announced 3 February  2004  that  rolled
back dates of separation based on certain codes.   There  is  no  error  or
injustice.

The complete DPPAE evaluation, with attachments, is at Exhibit C.

AFPC/DPPRS recommends denial.  DPPRS states the  discharge  was  consistent
with  the  procedural  and  substantive  requirements  of   the   discharge
regulation.  In addition, the discharge was within the sound discretion  of
the discharge authority.  She did not submit any new evidence  or  identify
any errors or injustices that occurred in her  discharge  processing.   Her
separation was authorized by the authority of HQ USAF and she received  the
correct RE code.  She provided no facts warranting a change to her RE code.

The complete DPPRS evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant  on  10
August 2007 for review and comment within 30 days.  As of this  date,  this
office has received no response (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.  Sufficient relevant evidence has  been  presented  to  demonstrate  the
existence of an injustice warranting corrective action.   Even  though  the
applicant has provided no evidence to show that her separation was improper
or not in compliance with the appropriate  regulations,  it  is  the  Board
majority's opinion that relief is warranted in this case.  In this respect,
after careful  review  of  the  applicant's  available  military  personnel
records and giving credence  to  the  support  received  from  members  and
leaders of her local community, the Board majority  believes  that  a  good
probability exists that she may be able to provide effective and meaningful
service to our nation as a member of the armed  forces.   Accordingly,  the
Board majority believes that correction of her RE code to a waiverable code
is warranted based on the merits of this  case.   Whether  or  not  she  is
successful in her attempts to return to the military  will  depend  on  the
needs of the service and our recommendation in no way guarantees  that  she
will be allowed to return to any branch of service.  Therefore,  the  board
majority recommends that her records be corrected to the  extent  indicated
below.

_________________________________________________________________

THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force  relating
to APPLICANT, be corrected to show that on 25 June 2004, she was  separated
with a reenlistment eligibility (RE) code of 3K.

The following members of the Board considered Docket  Number  BC-2007-01343
in Executive Session on 12 September 2007, under the provisions of AFI  36-
2603:

                 Mr. Michael J. Novel, Panel Chair
                 Mr. Richard K. Hartley, Member
                 Mr. Reginald P. Howard, Member

By majority vote, the Board voted to correct the records,  as  recommended.
Mr.  Michael J. Novel voted to deny  applicant's  request   but  does   not
wish  to submit a  minority  report.   The




following documentary evidence pertaining to AFBCMR Docket Number  BC-2007-
01343 was considered:

      Exhibit A. DD Form 149, dated 24 April 2007, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPAE, dated 27 July 2007.
      Exhibit D. Letter, AFPC/DPPRS, dated 2 August 2007.
      Exhibit E. Letter, SAF/MRBR, dated 10 August 2007.




      MICHAEL J. NOVEL
      Panel Chair

                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



[pic]

Office Of The Assistant Secretary

AFBCMR BC-2007-01343




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show that on 25 June 2004,
she was separated with a reenlistment eligibility (RE) code of 3K.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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