RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00914
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her character of service be corrected to reflect Honorable,
instead of Not Applicable.
________________________________________________________________
APPLICANT CONTENDS THAT:
She was personally assaulted while in basic military training by
one of the commanders. Had this assault not occurred, she would
have made it much further in the Air Force, as evidenced by her
entry and exit scores.
In support of her request, the applicant provides copies of her
DD Form 214, Certificate of Release or Discharge from Active
Duty, and Department of Veterans Affairs Rating decision.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicants military personnel records indicate she enlisted in
the Regular Air Force on 26 Nov 85 for a period of four years in
the grade of airman basic (E-1).
On 14 Feb 86, the applicant was notified by her commander of her
intent to recommend the applicants discharge for failure to
adapt to the military environment in accordance with AFR 39-10, Administrative Separation of Airmen.
The reasons for the action were:
a. She was, on 30 Jan 86, counseled for failing to turn in
her homework on 28 and 29 Jan 86.
b. She did, on 31 Jan 86, fail six out of six progress
checks on major sections.
c. She did, on 4 Feb 86, only pass two objectives on her
third time testing.
d. She was, on 4 Feb 86, counseled for not having her room
in inspection order.
e. She was, on 10 Feb 86, administratively eliminated from
technical training.
On 18 Feb 86, the applicant acknowledged receipt of the
notification of discharge, declined legal counsel and waived her
right to submit statements on her behalf.
On 20 Feb 86, the discharge authority approved the commanders
recommendation, directing the applicants separation for
unsatisfactory entry level performance and conduct.
On 20 Feb 86, the applicant was furnished an entry level
separation and was credited with 2 months and 25 days of total
active service.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOS recommends administrative correction to the
applicants service characterization from Not Applicable to
Uncharacterized, noting airmen are given entry-level
separation with uncharacterized service when separation is
initiated within the first 180 days of continuous active
service. Should the Board determine the applicant receive an
Honorable service characterization, they recommend the
separation code and narrative reason for separation be changed
to read KFF and Secretarial Authority, respectively.
A complete copy of the AFPC/DPSOS evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant contends she did not feel safe telling anyone
about what had occurred because it was perpetrated by a person
of rank and no one was safe. She would have received help and
stayed in the service had anyone shown some compassion or at
least looked at the facts of her case during her out-processing.
A complete copy of the applicants response is at Exhibit E.
________________________________________________________________
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 warranting
changing the applicants character of service to honorable. We
took notice of the applicants complete submission in judging
the merits of the case; however, a majority of the Board agrees
with the opinion and recommendation of the Air Force office of
primary responsibility and adopts its rationale as the basis for
our conclusion the applicants entry level separation was in
accordance with the substantive requirements of the governing
regulation. We note the applicants contention she was sexually
assaulted. However, she has failed to provide sufficient
evidence she was indeed assaulted, her chain of command was
aware of said assault, or that she would have been retained if
her chain of command was aware of the situation and able to
provide her with support and assistance. Additionally, while we
find the character of service reflected on the applicants DD
Form 214 to be inaccurate, an administrative correction to
reflect Uncharacterized is the most appropriate remedy in this
case. Therefore, in view of the foregoing, and in the absence
of evidence to the contrary, a majority of the Board concludes
that no basis exists to recommend granting the relief sought in
this application.
________________________________________________________________
RECOMMENDATION OF THE BOARD:
A majority of the Board finds insufficient evidence of error or
injustice and recommends the application be denied.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2009-00914 in Executive Session on 18 Nov 09, under
the provisions of AFI 36-2603:
, Panel Chair
, Panel Member
, Member
By a majority vote, the Board voted to deny the application.
XXXX voted to correct the records but does not desire to
submit a Minority Report. The following documentary evidence
pertaining to AFBCMR Docket Number BC-2009-00914 was considered:
Exhibit A. DD Form 149, dated 1 Apr 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 10 Aug 09.
Exhibit D. Letter, SAF/MRBR, dated 18 Sep 09.
Exhibit E. VA Form 21-4138, Statement in Support of Claim,
dated 24 Sep 09.
Panel Chair
AFBCMR BC-2009-00914
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
FOR CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: AFBCMR Application of APPLICANT
I have carefully reviewed the evidence of record and the recommendation of the Board
members. A majority found that applicant had not provided sufficient evidence of error or
injustice and recommended the case be denied. I concur with that finding and their conclusion
that the relief sought is not warranted. Accordingly, I accept their recommendation that the
application be denied.
Please advise the applicant accordingly.
Director,
Air Force Review Boards Agency
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