RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00844
            INDEX CODE:  110.02

            COUNSEL: NOT INDICATED


            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her general (under  honorable  conditions)  discharge  be  changed  to
honorable, and her Reentry (RE) code be changed to allow her to enlist
into the Armed Forces.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The minor infractions she committed during her enlistment  should  not
permanently preclude her from serving her country.

In support of the  appeal,  the  applicant  submits  a  DD  Form  293,
Application for the Review of Discharge from the Armed Forces  of  the
United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 15 Dec  99,  for  a
term of four years.  On 17 Feb 00, the applicant’s commander  notified
her that he was recommending she be discharged from the Air Force  for
unsatisfactory entry-level  performance  or  conduct.   The  commander
recommended  she   receive   an   entry-level   separation   discharge
characterization.

The reasons for the commander’s recommendation  were  the  applicant’s
lack of aptitude for military service, failure  to  make  satisfactory
progress in a required training program (Weight  Management  Program),
and reluctance  to  make  the  effort  necessary  to  meet  Air  Force
standards of conduct and duty performance.
She acknowledged receipt of the notification of discharge  and  waived
her right to consult with counsel and to submit statements in her  own
behalf.

The discharge case was reviewed by the base legal office and found  to
be legally sufficient to support discharge.

The discharge authority approved the separation and  directed  she  be
discharged with an  entry-level  separation,  and  an  uncharacterized
discharge characterization.  She was separated on 24 Feb 00, under the
provisions of AFI 36-3208, Administrative Separation of Airmen, (entry
level  performance  and  conduct)  and  received  an   uncharacterized
discharge.  She received an RE code  of  2C  “Involuntarily  separated
with  an  honorable  discharge;  or  entry  level  separation  without
characterization of service”.  She served  2 months,  and  10 days  of
total active duty service.

She received a waiver of her enlistment eligibility and reenlisted  in
the Regular Air Force as an airman basic on 12 Jul 00, for a  term  of
six years.

On 4 Mar 02, the  applicant's  commander  notified  her  that  he  was
recommending she be discharged from the Air Force for misconduct-minor
disciplinary infractions.  The commander  recommended  she  receive  a
general (under honorable conditions) discharge.

The reasons for the commander’s recommendation were that:

            a. On 24 Apr 01,  she  received  a  Record  of  Individual
Counseling (RIC), for failure to report  to  her  appointed  place  of
duty.

            b. On 24 May 01, she  received  an  RIC,  for  failure  to
report to her appointed place of duty.

            c. On 11 Jun 01, she received a Letter of Reprimand (LOR),
for failure to report to her appointed place of duty.

            d. On 23 Jul 01, she  received  an  LOR,  for  failure  to
report to her appointed place of duty.

            e. On 1 Aug 01, she received an LOR, for failure to inform
her work center of her whereabouts.

            f. On 1 Aug 01, she received an LOR, for failure to report
to her appointed place of duty.

            g. On 1 Oct 01, she received an LOR, for failure to report
to her supervisor for mandatory study time.

            h. On 4 Dec 01, she received an Article 15, for failure to
report to her appointed place of duty.

She acknowledged receipt of the notification of discharge,  and  after
consulting with counsel, submitted statements in her own behalf.

The discharge case was reviewed by the base legal office and found  to
be legally sufficient to support discharge.

The discharge authority approved the separation and  directed  she  be
discharged  with   a   general   discharge   without   probation   and
rehabilitation.  She was separated on 25 Mar 02, under the  provisions
of AFI 36-3208, Administrative Separation of Airmen, (Misconduct-Minor
Disciplinary Infractions) and received a general discharge with an  RE
code of 2B “Separated with a general or  under  other  than  honorable
conditions (UOTHC) discharge.”  She served 1  year,  8 months  and  13
days of total active duty service during this period.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS  recommends  denial.   DPSOS  states  the   applicant   was
counseled on numerous occasions regarding her conduct and was afforded
the opportunity to meet Air Force standards prior to the initiation of
her discharge.  The discharge,  to  include  the  characterization  of
service,  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 new evidence or identify  any  errors
or injustices that occurred in the discharge processing.  She provided
no facts warranting an upgrade to her discharge characterization.

The DPSOS evaluation is at Exhibit C.

AFPC/DPSOA recommends  denial.   DPSOA  states,  the  RE  code  of  2B
indicated on the applicant’s DD Form 214 is correct for this  type  of
discharge.  They found no evidence  of  error  or  injustice  and  the
applicant did not submit any evidence.

The DPSOA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on
9 May 08, for review and comment within 30 days.  As of this date,  no
response has been received by this office.

_________________________________________________________________
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 an  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-2008-
00844 in Executive Session on 6 Nov 08, under the provisions of AFI 36-
2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Mr. James L. Sommer, Member
                 Ms. Janet I. Hassan, Member

The following documentary evidence was considered under Docket  Number
BC-2008-00844:

      Exhibit A. DD Form 149, dated 1 Mar 08, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Memorandum, AFPC/DPSOA, dated 19 Mar 08.
      Exhibit D. Memorandum, AFPC/DPSOS, dated 30 Apr 08.
      Exhibit E. Letter, SAF/MRBR, dated 9 May 08.



      LAURENCE M. GRONER
      Panel Chair