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AF | BCMR | CY2011 | BC-2011-04736
Original file (BC-2011-04736.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2011-04736
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  YES

________________________________________________________________

APPLICANT REQUESTS THAT:

Her reason for separation (Air Force failure to fulfill 
enlistment agreement) be changed to a medical separation.  

________________________________________________________________

APPLICANT CONTENDS THAT:

She should have been separated from the Air Force due to medical 
reasons.  After speaking with officials at the Department of 
Veterans Affairs (DVA) she was advised that she should have been 
treated for her service-connected trauma all along and medically 
separated.

In support of her appeal, the applicant provides copies of her 
DVA Form 21-4138, Statement in Support of Claim; AF Form 31, 
Airman’s Request for Early Separation based on Change in Service 
Obligation, and ATC Form 125A, Record of Administrative Training 
Action.

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

________________________________________________________________

STATEMENT OF FACTS:

On 20 Feb 91, the applicant enlisted in the Regular Air Force 
for a period of six years.   

On 21 Aug 91, the applicant was decertified from the Air Traffic 
Control career field and asked to be separated due to her 
inability to fulfill her enlistment contract.  On 3 Sep 91, the 
applicant signed an AF Form 31, Airman’s Request for Early 
Separation Based on Change in Obligation, acknowledging that she 
had been medically eliminated from her AFSC guaranteed contract 
and that she desired separation.  On 5 Sep 91, after 
consultation with the local military separations office, the 
applicant indicated that she did not desire a separation 
physical examination.

On 6 Sep 91, the applicant was discharged by reason of Air Force 
Failure to Fulfill Enlistment Agreement, with service 
characterized as honorable.  She was credited with 6 months and 
17 days of active duty service.

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial of her request to change her 
narrative reason for separation.  DPSOR notes based on the 
documentation on file in the master personnel records, the 
discharge was consistent with the procedural and substantive 
requirements of the discharge instruction and was within the 
discretion of the discharge authority.  The applicant provided 
no facts warranting a change to her reentry code or her 
narrative reason for separation.

The applicant's separation was not due to medical reasons; 
however, she was medically eliminated from her Air Force 
Specialty Code (AFSC) which, by contract, under the Guaranteed 
Training Enlistment Program (GTEP), she was guaranteed a regular 
duty assignment in the Air Traffic Control Operator Specialty.  
If the Air Force was unable to assign her first assignment to an 
Air Traffic Control position, she would have the right to 
request separation.

The applicant states that she was discharged due to medical 
reasons; however, the basis for the applicant's requested action 
has no merit and is submitted to gain entitlement to DVA 
benefits for which she is not entitled based on her limited time 
on active duty.

In accordance with AFR 39-10, Separation of Airman, Para 3-11, 
dated 9 Aug 91, the correct Reentry (RE) code and Narrative 
Reason for Separation were entered on the applicant's DD Form 
214.

The complete DPSOR evaluation, with attachment, is at Exhibit C.

AETC/SGPS recommends denial of her request for a medical 
separation, stating, in part, that at the time of separation, 
the process was done in accordance with established policy and 
administrative procedures.  They do not support a change to the 
record.

The complete SGPS evaluation is at Exhibit D.

AFPC/DPSOA recommends denial of a change to the RE code.  They 
note that the RE code 4M is currently correct.  

The applicant was separated on 6 Sep 91 after serving 6 months 
and 17 days of service with an honorable character of service.  
The applicant’s RE code was a 4M, “Air Force Breach of 
enlistment/reenlistment agreement.”  On 9 Feb 12, AFPC/DPSOS 
validated that she applied for a 6 Sep 91 separation date and 
was separated under breach of reenlistment agreement.

The complete DPSOA evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

Copies of the Air Force evaluation were forwarded to the 
applicant on 30 Jul 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit F).

________________________________________________________________

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 an error or injustice warranting a change to the 
applicant's narrative reason for separation.  We found no error 
in the discharge processing and, based on the available evidence 
of record; it appears the applicant requested voluntary 
separation after being medically eliminated from her AFSC which 
was guaranteed by contract.  The applicant has provided no 
evidence that leads us to believe the reason for separation was 
contrary to the provisions of the governing policy and that she 
should have been medically separated.  In addition, in her 
separation out-processing, when offered the opportunity to 
receive a medical examination, she elected not to have one 
completed.  Therefore, we agree with the positions of the 
offices of primary responsibility and adopt their rationale.  In 
view of the above and in the absence of evidence to the 
contrary, we find no basis to recommend granting this 
application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

________________________________________________________________

THE BOARD DETERMINES THAT:

The following members of the Board considered AFBCMR Docket 
Number BC-2011-04736 in Executive Session on 5 Sep 13, under the 
provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Nov 11, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOS, dated 9 Feb 12.
    Exhibit D.  Letter, AETC/SGPS, dated 15 Mar 12.
    Exhibit E.  Letter, AFPC/DPSOA, dated 23 Apr 12.
    Exhibit F.  Letter, AFBCMR, dated 30 Jul 13.




                                   Panel Chair
2

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