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AF | BCMR | CY2010 | BC-2009-01879
Original file (BC-2009-01879.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01879
            INDEX CODE:  110.00; 110.02
            COUNSEL:  NONE

            HEARING DESIRED:  NOT INDICATED

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her Character of  Service,  Separation  Code,  Reentry  Code  and  Narrative
Reason for Separation  on  her  DD  Form  214,  Certificate  of  Release  or
Discharge from Active Duty be changed.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During the time in question, she  was  emotionally  unstable  and  suffering
from grief due to the death of her mother.  She was  profoundly  shocked  by
Basic Military Training and could not finish the course.  She  is  concerned
her discharge may negatively impact her for employment.   She  is  currently
enrolled in community college.

In support of her request, the applicant submits copies of her DD Form  214,
her AF IMT 100, Request for Authorization of Separation and a DD  Form  293,
Application for the Review of Discharge or Dismissal from the  Armed  Forces
of the United States.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  14  Apr  09.   A  Mental
Health Evaluation dated 28 Apr 09, indicates the applicant was seen  in  the
Behavioral Analysis Services (BAS) clinic for a voluntary  evaluation  after
self-referral.  The applicant was diagnosed with  Adjustment  Disorder  with
Mixed Anxiety and Depressed Mood.  Her separation from military service  was
recommended.

On  4  May  09,  the  applicant’s  commander  notified  her  that   he   was
recommending her separation from the Air Force under the provisions  of  Air
Force Policy Directive 36-32 and Air Force Instruction 36-3208,  Chapter  5,
Section 5C, Defective Enlistments, Para 5.15, under Basis for Discharge  for
Fraudulent Enlistment.  His reasons for  the  action  were  the  applicant’s
disclosure of a detailed history of mental  health  issues  including  being
hospitalized for depression, during her mental health evaluation.

The applicant acknowledged receipt of the notification, waived her right  to
legal counsel and her right to submit a statement  in  her  own  behalf.   A
legal review of the case was found legally sufficient.  On  5  May  09,  the
discharge authority approved the recommended  separation  and  directed  the
applicant be discharged for the reasons recommended by  her  commander  with
an entry-level separation.

She was discharged on 6 May 09 with zero days of active duty service.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate office of the Air Force at Exhibits C and D.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOS recommends denial. DPSOS states airmen are  given  entry-level
characterization when separation is initiated  in  the  first  180  days  of
continuous service.  The Department of Defense (DoD) determined if a  member
served less than 180 days of continuous active service, it would  be  unfair
to the member to characterize their limited service.

DPSOS states the applicant’s character of discharge was appropriate and  the
documentation contained in the master personnel record  supports  the  basis
of the discharge.  Additionally, the applicant did not submit  any  evidence
to identify any errors or injustices  that  occurred  during  the  discharge
processing, nor did she provide any  facts  warranting  an  upgrade  in  her
discharge characterization.

The complete DPSOS evaluation is at Exhibit C.

HQ DPSOA recommends denial.  DPSOA states  the  RE  code  2C  (involuntarily
separated with an honorable discharge; or  entry  level  separation  without
characterization of service) is appropriate.

The complete 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  26
Jul 10, 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.  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  the  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  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 this application in  Executive
Session on 8 Sep 10, under the provisions of AFI 36-2603:

      , Vice Chair
      , Member
      , Member

The following documentary evidence was considered in AFBCMR BC-2009-01879:

    Exhibit A.  DD Form 149, dated 4 Oct 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOS, dated 1 Jun 10.
    Exhibit D.  Letter, HQ AFPC/DPSOA, dated 12 Jul 10.
    Exhibit E.  Letter, SAF/MRBR, dated 26 Jul 10.


                                   Vice Chair

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