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AF | BCMR | CY2013 | BC 2013 05173
Original file (BC 2013 05173.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-05173
		COUNSEL:  NONE
		HEARING DESIRED:  YES


APPLICANT REQUESTS THAT:

Her narrative reason for separation (Unsatisfactory Performance) 
and corresponding separation code (JHJ) be changed to a medical 
reason.

Her reentry (RE) code of “2C” (Involuntarily separated with an 
honorable discharge; or entry level separation without 
characterization of service) be changed.


APPLICANT CONTENDS THAT:

She was medically unfit due to migraines and mental health 
issues caused by a concussion received during basic military 
training.

In support of the applicant’s appeal, she provides medical 
documentation, DD Form 214, Certificate of Release or Discharge 
from Active Duty and other documentation.

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


STATEMENT OF FACTS:

The applicant's military personnel records could not be located.  
Therefore, the facts and circumstances surrounding her 
separation are not available.  The following information was 
obtained from a copy of her DD Form 214.

The applicant enlisted in the Regular Air Force on 3 October 
2001.

On 6 March 2003, the applicant was honorably discharged in the 
grade of airman first class under the provisions AFI 36-3208.  
She served 1 year, 5 months and 3 on active duty.





AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial.  DPSOR states the separation code 
and narrative reason for separation listed on the applicant’s 
DD Form 214 are consistent with one another for this type of 
discharge.  There is insufficient evidence contained within the 
applicant's military record to confirm the circumstances and 
facts surrounding the applicant's discharge.  Absent the 
documentation, there is a presumption of regularity in which the 
applicant was afforded due process and the discharge was 
consistent with procedural and substantive requirements of the 
discharge regulation.

The applicant failed to submit any evidence that an error or 
injustice occurred in the processing of the discharge action.  
Therefore, the discharge to include the narrative reason for 
separation, SPD code, and characterization of service were 
consistent with the procedural and substantive requirements of 
the discharge instruction and was within the discretion of 
discharge authority.

The DPSOR complete evaluation is at Exhibit C.

AFPC/DPSOA recommends denial.  DPSOA the applicant does not 
provide any proof of an error or injustice in reference to her 
RE code, but wants to reenter the military.  On 30 Dec 2013, 
AFPC/DPSOR validated the applicant's discharge processing with 
the limited records that were available.  The RE code 2C is the 
correct RE code based on applicant's involuntary discharge with 
honorable character of service.

The DPSOA complete evaluation is at Exhibit D.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 7 July 2014, copies of the Air Force evaluations were 
forwarded to the applicant for review and response within 
30 days (Exhibit E).  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.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  Due to the 
limited records available and based upon the presumption of 
regularity in the conduct of governmental affairs, we must 
assume that the applicant's discharge was proper and in 
compliance with appropriate directives.  We find no evidence of 
error or injustice in the available records and without evidence 
to support the applicant's appeal we find no basis upon which to 
favorably consider this application.  Therefore, in view of the 
foregoing, we conclude that no basis exists upon which to 
recommend favorable action on his request.

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 issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2013-05173 in Executive Session on 4 September 2014, 
under the provisions of AFI 36-2603:


Although Ms. Barger chaired the panel, in view of her 
retirement, Mr. Lineberger has agreed to sign as Acting Panel 
Chair.  The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 31 October 2013, w/atchs.
  Exhibit B.  Available Master Personnel Record.
  Exhibit C.  Letter, AFPC/DPSOR, dated 30 December 2013.
  Exhibit D.  Letter, AFPC/DPSOA, dated 5 February 2014.
  Exhibit E.  Letter, SAF/MRBR, dated 7 July 2014.


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