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,
Airmans Request for Early Separation based on Change in Service
Obligation, and ATC Form 125A, Record of Administrative Training
Action.
The applicants 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, Airmans 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 applicants 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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