RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00435
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. Her reentry (RE) code of 2B, which denotes separated with a
general or under-other-than-honorable-conditions (UOTHC)
discharge, be upgraded.
2. Her separation code of JKM, which denotes discharge no board
entitlement, be upgraded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
1. She is a single mom who wants another opportunity to re-join
the service. She understands the mistakes she made as a teen
and does not have time to mess up another opportunity to serve
her country.
2. Being in the military was always a dream of hers ever since
she was a child and if given another chance, she would not make
any mistakes or stupid decisions.
3. Now that she is grown, she has changed. Her husband left
her, she cannot find employment and is considered homeless and
worth nothing. She wants a better life for her daughter.
The applicant did not provide any documentation in support of
her request.
The applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 June 2006, the applicant enlisted in the Regular Air
Force.
On 9 August 2007, the applicant was notified of her commanders
intent to recommend that she be discharged from the Air Force
under the provisions of AFPD 36-32, Air Force Military Training
and AFI 36-3208, Administrative Separation of Airmen, paragraph
5.50.2, for conduct prejudicial to good order and discipline.
The applicant acknowledged receipt of the notification of
discharge, consulted counsel and submitted a statement on her
own behalf.
The specific reasons for this action were: 1) On 18 January
2007, the applicant received a Record of Individual Counseling
(RIC) for being in the company of a minor without parental
consent and allowing the minor to drive her car without a
license; Letter of Reprimand (LOR) and establishment of an
Unfavorable Information File (UIF) for failure to go to her
appointed place of duty; 2) On 1 February 2007, she received a
RIC for financial irresponsibility; 3) On 8 March 2007, she
received a RIC for a continued pattern of irresponsibility; 4)
On 30 March 2007, she received a RIC for failure to show up for
squadron physical training, reporting late for work and lacking
a sense of urgency; 4) On 4 May 2007, she received a LOR for
failure to pay two valid debts; 5) On 24 May 2007, her drivers
license was suspended for a period of 90 days and on 3 July
2007, she was cited for driving with a suspended license, as a
result of her actions, she received a LOR; and 6) On 13 July
2007, a security determination was made to suspend her access to
classified information, unescorted entry to restricted and
controlled areas.
On 28 August 2007, the Assistant Staff Judge Advocate found the
case to be legally sufficient and recommended the applicant be
discharged with a general (under honorable conditions)
discharge, without probation and rehabilitation.
On 29 August 2007, the discharge authority approved the
applicants discharge. On 10 September 2007, the applicant was
discharged from the Air Force with a general (under honorable
conditions) discharge in the grade of airman first class. She
served 1 year, 2 months and 25 days of total active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial of an upgrade to her discharge.
DPSOS states the applicants discharge was consistent with the
procedural and substantive requirements of the discharge
instruction and was within the discretion of the discharge
authority. Additionally, the applicant did not provide any
evidence of an error or injustice to warrant a change to her
discharge characterization.
The complete DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSOA recommends denial of the applicants request to
change her RE code. DPSOA states the applicants RE code is
required per AFI 36-2606, Reenlistments in the United States Air
Force, chapter 3, based on her involuntary discharge with
general (under honorable conditions) characterization of
service.
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 17 June 2011, for review and comment within 30 days
(Exhibit E). 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 with respect to
the applicants request for a change in her RE and separation
codes. The RE Code 2B and separation code JKM issued at the
time of her separation accurately reflects the circumstances of
her separation and should remain unchanged. We considered
upgrading her RE and separation code based on clemency; however,
we do not find the evidence presented is sufficient to recommend
granting the relief sought on that basis. Therefore, 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 the applicant has not been the victim of an
error or injustice. 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 AFBCMR Docket
Number BC-2011-00435 in Executive Session on 21 July 2011, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-00435 was considered:
Exhibit A. DD Form 149, dated 4 February 2011.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. HQ AFPC/DPSOS, Letter, dated 29 April 2011.
Exhibit D. HQ AFPC/DPSOA, Letter, dated 23 May 2011.
Exhibit E. SAF/MRBR, Letter, dated 17 June 2011.
Panel Chair
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