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AF | BCMR | CY2008 | BC-2007-02061
Original file (BC-2007-02061.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2007-02061
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

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  separation  program  designator  (SPD)  code  of  HDG
(parenthood or custody of minor children) be  changed  to  allow  her  entry
into the Air National Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She applied for an early discharge due  to  her  recent  change  in  marital
status in concurrence with her remote assignment to Korea.

She was going to have to relinquish permanent custody  of  her  children  to
their father, putting her future custody at risk, and she did  not  want  to
risk that.

In support of her request, the applicant provided a  copy  of  her  DD  Form
214, Certificate of Release or Discharge from Active Duty.

The applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 30 Jul 97.  She served for  a
period of 6 years, 1 month, and 24 days.

On 4 Sep 03, the applicant’s commander notified  her  of  pending  discharge
actions  based  on   parenthood   and   dependent   care   responsibilities.
Specifically, on 9 Jun 03, the applicant failed  to  complete  her  AF  Form
357, Dependent Care Certification.

Records indicate the applicant was counseled on multiple  occasions  by  her
supervisor, first sergeant, commander, and given  opportunities  to  correct
her parenthood issues/responsibilities.

On 5 Sep 03 and after consulting  with  counsel,  the  applicant  offered  a
conditional  waiver  of  her  rights  associated  with   an   administrative
discharge  board  hearing  contingent  upon  receipt  of  no  less  than  an
honorable discharge.

On 18 Sep 03,  the  discharge  authority  directed  that  the  applicant  be
separated from the Air Force with an honorable discharge, without  probation
and  rehabilitation,  under  the  provisions  of   AFPD,   36-32,   Military
Retirements and  Separations,  AFI  36-3208,  Administrative  Separation  of
Airmen, paragraph 5.9, parenthood, and AFI 36-2908, Family Care Plan.

The applicant was discharged with an honorable discharge on     23  Sep  03,
with an RE code of 2C, SPD code of HDG, and narrative reason  of  Parenthood
or Custody of Minor Child.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA  recommends  denial.   DPSOA  states  that  a   review   of   the
applicant’s records reflects that  on  18  Sep  03,  she  was  approved  for
discharge  based   on   parenthood   and   AFI   36-3208,   Dependent   Care
Responsibilities.  There was no evidence of error  or  injustice  found  nor
did the applicant submit any evidence of any.

The AFPC/DPSOA complete evaluation, with attachments, is at Exhibit B.

AFPC/DPSOS recommends denial. DPSOS states that based on  the  documentation
in the master personnel records,  the  discharge  was  consistent  with  the
substantive requirements of the discharge  regulation.   The  discharge  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 proceedings.  She provided no facts  warranting  a  change  to
her SPD or RE code.

The AFPC/DPSOS complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  19
Oct 07 for review and comment within 30 days (Exhibit D).  As of this  date,
this office has not received a 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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinions and recommendations of the Air Force  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  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  Docket  Number  BC-2007-02061
in Executive Session on 21 December 2007, under the provisions  of  AFI  36-
2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Audrey Y. Davis, Member
      Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atch, dated 12 Jun 07.
    Exhibit B.  Memorandum, AFPC/DPSOA, w/atchs, dated 4 Oct 07.
    Exhibit C.  Memorandum, AFPC/DPSOS, dated 10 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.



                                   CHARLENE M. BRADLEY
                                   Panel Chair



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