RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05356

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  Her general (under honorable conditions) discharge be 
upgraded to honorable.

2.  Her reentry (RE) code of 2B (Separated with a general or 
under other than honorable conditions (UOTHC) discharge) be 
changed to allow her to enter the Air National Guard (ANG).

________________________________________________________________

APPLICANT CONTENDS THAT:

Her transgressions did not warrant a discharge that prohibits 
her from further serving in the military.  She would like an 
opportunity to correct the transgressions of her youth and serve 
her country.

In support of her request, the applicant provides a copy of her 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, DD Form 293, Application for the Review of Discharge from 
the Armed Forces of the United States, and documents relating to 
her request for Congressional assistance.

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

________________________________________________________________

STATEMENT OF FACTS:

On 30 Aug 95, the applicant commenced her enlistment in the 
Regular Air Force.

On 18 Nov 97, the applicant’s commander notified her that he was 
recommending her discharge from the Air Force for misconduct, 
specifically, conduct prejudicial to good order and discipline, 
and parenthood.  The specific reasons for the discharge action 
were she received verbal counseling for being late for duty, 
three Records of Individual Counseling (RIC) for failing to 
respond while on telephone standby duty, being late for duty and 
uttering a check, and an Article 15 for failing to remain on 
telephone standby duty.  In addition the applicant failed to 
provide a valid child care plan and made a statement to the 
First Sergeant that she had no desire to obtain anyone other 
than family members to provide child care.  

After consulting with legal counsel, the applicant acknowledged 
receipt of the action and invoked her right to submit a 
statement in her own behalf.

On 4 Dec 97, the legal office reviewed the case and found it 
legally sufficient and recommended discharge with a general 
discharge without probation and rehabilitation.

On 5 Dec 97, the applicant was furnished a general discharge and 
issued an RE code of 2B (Separated with a general or under other 
than honorable conditions (UOTHC) discharge).  The applicant was 
credited with 2 years, 4 months, and 30 days of active service.

On 16 Jul 13, a request for post-service information was 
forwarded to the applicant for response within 30 days 
(Exhibit E).  In response, the applicant states after being 
discharged she continued work in the aircraft industry for 
13 years.  She left the aircraft industry and began her career 
with the railroad system.  She would like another opportunity to 
serve her country and this time she will not fail because 
failing is not an option.

The applicant’s complete response, with attachments, is at 
Exhibit F.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial noting the applicant has not 
provided any evidence of an error or injustice regarding her RE 
code.  Per the governing instruction, AFI 36-2606, Reenlistments 
in the USAF, the applicant received the appropriate RE code 
based her being involuntarily discharged with service 
characterized as general.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 Feb 13, for review and comment within 30 days.  
As of this date, no response has been received by this office.

________________________________________________________________


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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an injustice.  No evidence has been 
presented which would lead us to believe the applicant’s 
discharge was improper or contrary to the directive under which 
it was effected.  In this respect, we note the applicant was 
discharged for a string of what was determined to be minor 
disciplinary infractions.  We do not condone the behavior 
exhibited by the applicant, which ultimately led to her 
discharge from the Air Force.  However, consideration of this 
Board is not limited to the events which precipitated the 
discharge.  In this respect, we may base our decision on matters 
of equity and justice, rather than simply on whether rules and 
regulations, which existed at the time, were followed.  Under 
this broader mandate and after a thorough review of the facts 
and circumstances surrounding the applicant’s discharge, we 
believe the applicant’s misconduct was not so egregious to 
warrant her to continue to suffer from stigma of her general 
(under honorable conditions) discharge.  Furthermore, we note 
the applicant has provided substantial evidence of a successful 
post-service adjustment.  Therefore, we believe it would be in 
the interest of justice to upgrade the applicant’s discharge to 
honorable.  While the applicant indicates that her ultimate goal 
in pursuing correction of her records is to serve in the Air 
National Guard (ANG), the applicant should be aware that our 
recommendation to correct her records in no way implies that she 
is entitled to serve and whether or not she is successful in 
joining the ANG, or any other component for that matter, will be 
based solely on the needs of the service, provided she is 
otherwise qualified.  Therefore, in view of the above, we 
recommend her records be corrected as indicated below in the 
interest of justice on the basis of clemency.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that on 
5 December 1997 she was honorably discharged under the 
provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) 
with a separation code of “KFF,” a narrative reason for 
separation of “Secretarial Authority,” and a reenlistment 
eligibility (RE) code of “3K.”

________________________________________________________________

The following members of the Board considered AFBCMR Docket 
Number BC-2012-03377 in Executive Session on 10 Sep 13, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The 
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 10 Nov 12, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOA, dated 7 Feb 13.
     Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 13.
     Exhibit E.  Letter, AFBCMR, dated 16 Jul 13, w/atch.
     Exhibit F.  Letter, Applicant, undated, w/atchs.




                                   
                                   Panel Chair