RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04664
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The narrative reason for separation on her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed
to reflect Convenience of the Government, rather than
Unsatisfactory Performance, so she may be eligible for
Montgomery GI Bill (MGIB) benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force could have retrained her in a different career
field. She paid into the MGIB, but cannot use her benefits.
In support of her request, the applicant provides a copy of her
DD Form 214 and documentation from her congressional inquiry
related to the matter under review.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 26 May 94, the applicant contracted her enlistment in the
Regular Air Force. She was progressively promoted to the grade
of airman first class, effective and with a date of rank of
26 Mar 95.
On 8 Jun 94, the applicant signed DD Form 2366, Montgomery GI
Bill Act of 1984 (MGIB), acknowledging she understood she had to
complete 36 months of active service for entitlement MGIB
benefits.
On 9 Apr 97, the applicants commander notified her that she was
recommending her discharge from the Air Force for unsatisfactory
performance. The specific reasons for the discharge action were:
a. On or about 22 Jul 96, the applicant scored 60 percent
on her Career Development Course (CDC) End of Course Exam. The
minimum passing score was 65 percent.
b. On or about 5 Sep 96, the applicant scored 54 percent on
her CDC End of Course Exam. The minimum passing score was
65 percent.
On 9 Apr 97, the applicant acknowledged receipt of the
notification letter.
On 24 Apr 97, a legal review was conducted and the staff judge
advocate found the case legally sufficient to support separation
and recommended she be given an honorable discharge without
probation and rehabilitation.
On 29 Apr 97, the discharge authority directed an honorable
discharge without probation and rehabilitation.
The applicant was honorably discharged on 30 Apr 97. She served
2 years, 11 months, and 4 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS states the applicant was
counseled and afforded ample opportunity to overcome her
deficiencies. Based on the documentation on file in the
applicant's military personnel records, the discharge was
consistent with the procedural and substantive requirements of
the discharge regulation and within the discretion of the
discharge authority. DPSOS found no error or injustice in the
processing of the discharge, to include the narrative reason for
separation. The applicant has not submitted any evidence or
identified any errors or injustices in the processing of her
discharge. She did not provide any evidence to warrant a change
in her narrative reason for separation.
The complete AFPC/DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSI recommends denial. DPSI states that active duty
members enroll in the MGIB and pay $100 per month for 12 months;
and are entitled to receive monthly education benefits once they
have completed a minimum service obligation of 36 months.
However, the applicant did not complete her initial service
obligation of 36 months and there were no errors or injustices in
the processing of her discharge. Furthermore, she has not
provided any facts to warrant award of the MGIB benefits.
The complete AFPC/DPSI evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states she was never allowed access to any counsel
until after her hearing had been conducted. She was not given
the opportunity to state her case. She never received notice
about the date or time of the hearing. She did not receive a
copy of the judgment for her records. Counsel informed her she
would be entitled to receive all veterans benefits, to include
the Montgomery GI Bill. Her original DD Form 214 reflected the
reason for separations as failure to progress, not unsatisfactory
performance. In addition, the parties responsible for the
decision to separate her instead of allowing her to cross train
were not aware of the whole situation and relied on the biased
opinions of their predecessors.
The applicants complete response is at Exhibit F.
_________________________________________________________________
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. The
applicant's complete submission was thoroughly reviewed, to
include her rebuttal response, and her contentions were duly
noted. However, we do not find the applicants assertions and
the documentation presented in support of her appeal sufficiently
persuasive to override the rationale provided by the Air Force
offices of primary responsibility. Therefore, we agree with the
recommendations of the Air Force OPRs and adopt their rationale
as the basis for our decision the applicant has failed to sustain
her burden of proof of the existence of an error or injustice.
Therefore, absent persuasive evidence that appropriate directives
were not followed, appropriate standards were not applied, or the
applicant was denied rights to which she was entitled, we find no
basis to recommend granting the relief sought in this
application.
______________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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 AFBCMR Docket
Number BC-2010-04664 in Executive Session on 16 Aug 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Oct 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOS, dated 25 May 11.
Exhibit D. Letter, AFPC/DPSI, dated 6 Jun 11.
Exhibit E. Letter, SAF/MRBR, dated 24 Jun 11.
Exhibit F. Letter, Applicant, dated 22 Jul 11.
Panel Chair
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