Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00226
Original file (BC 2014 00226.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00226

					COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

Her under honorable conditions (general) discharge be upgraded 
to honorable and her Reenlistment Eligibility (RE) code changed 
to allow her to reapply to join the Air Force as an officer.


APPLICANT CONTENDS THAT:

She was administratively discharged without being referred to a 
mental health provider for the issues she was going through with 
her family.  She was told she could reenlist at a later date. 
Now that she has matured and earned a college degree, she would 
like to continue serving in the Air Force.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

On 6 Sep 2000, the applicant initially entered the Regular Air 
Force. 
 
On 12 Nov 02, the applicant’s commander notified her that he was 
recommending her discharge under the provisions of AFI 36-3208, 
Administrative Separation of Airmen, for misconduct--minor 
disciplinary infractions.  The reasons for the action were: the 
applicant failed to refrain from using a government telephone 
for personal long distance calls and failed to refrain from 
allowing another individual to use her military identification 
card to obtain services from a government dining facility.  For 
both actions, the applicant received nonjudicial punishment.  
Further, she failed to obey a lawful order by leaving work early 
and made a false official statement about the incident.  She 
also failed to report to duty at her designated location and 
time.  For these actions, she received two letters of reprimand 
and a record of individual counseling.


On 15 Nov 02, the applicant acknowledged receipt of the 
discharge notification.  She consulted with counsel and 
submitted statements to her commander for consideration.
 
On 13 Nov 02, the discharge action was found legally sufficient.
 
On 25 Nov 02, the applicant was furnished a general (under 
honorable conditions) discharge for misconduct and was credited 
with 2 years, 2 months, and 20 days of active service.

On 12 Jul 07, the applicant appealed to the Air Force Discharge 
Review Board (AFDRB) to have her discharge upgraded; however, 
the AFDRB denied her appeal.  The board found that “neither the 
evidence of record nor that provided by the applicant 
substantiates an inequity or impropriety that would justify a 
change of discharge.” 

In response to a request for post-service information, the 
applicant provided a copy of an FBI arrest record (Exhibit G).

The remaining relevant facts pertaining to this application are 
contained in the memoranda prepared by the Air Force offices of 
primary responsibility (OPR), which are attached at Exhibits C 
and D.


AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error or injustice.  The applicant was provided the 
opportunity to correct her conduct and behavior without success.  
Her commander determined the negative aspects of her performance 
outweighed the positive aspects of her service.  Based on the 
documentation provided, the discharge, to include the Separation 
Program Designator (SPD) code, narrative reason for separation 
and character of service, was appropriately administered.  The 
applicant did not provide any evidence that an error or 
injustice occurred in the processing of her discharge.

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

AFPC/DPSOA recommends denial with respect to the applicant’s RE 
code, indicating there is no evidence of an error or injustice.  
The applicant’s RE code of 2B was required due to the fact that 
her service was characterized as general (under honorable 
conditions).  Even if the applicant's discharge is ever upgraded 
from general to honorable, 2C would be the required RE code, 
which is not an immediately eligible to enlist RE code, but 
would require a waiver to enter the military service.

A complete copy of the AFPC/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 28 Jul 14 for review and comment 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 an error or injustice.  We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we find no evidence of an error or 
injustice that occurred in the discharge processing.  Based on 
the available evidence of record, it appears the discharge, to 
include the reenlistment eligibility (RE) code, was consistent 
with the substantive requirements of the discharge instruction 
and within the commander's discretionary authority.  The 
applicant has provided no evidence which would lead us to 
believe the characterization of the service was contrary to the 
provisions of the governing regulation, unduly harsh, or 
disproportionate to the offenses committed.  In the interest of 
justice, we considered upgrading the discharge based on 
clemency; however, we find the evidence presented insufficient 
to recommend relief on that basis.  Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought.

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 material 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-2014-00226 in Executive Session on 21 Nov 14 under the 
provisions of AFI 36-2603:

      , Panel Chair
      , Member
      , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 13 Dec 13.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOR, dated 14 Feb 14.
Exhibit D.  Memorandum, AFPC/DPSOA, dated 20 Feb 14.
Exhibit E.  Letter, SAF/MRBR, dated 28 Jul 14, w/atchs.
Exhibit F.  Letter, SAF/MRBR, undated.
Exhibit G.  FBI arrest record, dated 18 Ju1 14


Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 00644

    Original file (BC 2014 00644.txt) Auto-classification: Denied

    On 7 May 2008, the Air Force Discharge Review Board (AFDRB) denied the applicant’s request to upgrade her discharge to honorable. AIR FORCE EVALUATION: AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice. In the interest of justice, we considered upgrading the discharge based on clemency; however, we do not find the evidence presented is sufficient for us to conclude that the applicant’s post-service activities overcome the misconduct for which she was...

  • AF | BCMR | CY2014 | BC 2014 01938

    Original file (BC 2014 01938.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01938 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The following be changed on her DD Form 214, Certificate of Release or Discharge from Active Duty: Separation Program Designator (SPD) code of “JKN;” Reenlistment Eligibility (RE) code of “2B;” and General under honorable conditions discharge be upgraded to Honorable. The complete DPSOA evaluation is at Exhibit...

  • AF | BCMR | CY2013 | BC 2013 05662

    Original file (BC 2013 05662.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05662 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her service characterization, as reflected in Block 24 of her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed from “not applicable” to “honorable.” APPLICANT CONTENDS THAT: The Reentry (RE) Code 2C gives her an “honorable” status, so it should be reflected in Block 24. The remaining...

  • AF | BCMR | CY2013 | BC 2013 02927

    Original file (BC 2013 02927.txt) Auto-classification: Approved

    On 1 Apr 11, the applicant’s commander notified her that he was recommending her discharge from the Air Force for Misconduct: Commission of a Serious Offense, Other Serious Offenses for the offenses resulting from her Summary court-martial conviction. A complete copy of the AFPC/DPSOA evaluation is at Exhibit D. AFLOA/JAJM recommends approval of the applicant’s request for her general (under honorable conditions) discharge to be upgraded to honorable, given her apparent disparate treatment....

  • AF | BCMR | CY2012 | BC-2012-00510

    Original file (BC-2012-00510.pdf) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS DOCKET NUMBER: BC-2012-00510 IN THE MATTER OF: COUNSEL: NO HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: Her undesirable discharge be upgraded to honorable based on the repeal of Title 10, United States Code (USC), Section 654, more commonly known as “Don’t Ask, Don’t...

  • AF | BCMR | CY2012 | BC-2012-03860

    Original file (BC-2012-03860.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03860 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. On 17 Apr 09, the applicant was notified of her commander’s intent to recommend that she be discharged from the Air Force under the provisions of AFI 36-3208, Administrative Separation of Airmen for Fradulent Enlistment. ...

  • AF | BCMR | CY2013 | BC 2013 03259

    Original file (BC 2013 03259 .txt) Auto-classification: Denied

    On 20 May 2013, after her separation she saw an allergist and included his letter noting there was no reaction when she ingested shrimp. The complete SGPS evaluation is at Exhibit C. AFPC/DPSOR recommends denial of the applicant’s request to change her narrative reason for separation. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or...

  • AF | BCMR | CY2013 | BC-2013-00907

    Original file (BC-2013-00907.txt) Auto-classification: Denied

    On 26 Nov 97, the applicant was furnished a honorable discharge with a narrative reason for separation of “Completion of Required Active Service,” along with a separation program designator (SPD) code of KBK (Completion of Active Service) and RE code of 4J. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C, D, and...

  • AF | BCMR | CY2012 | BC-2012-04545

    Original file (BC-2012-04545.txt) Auto-classification: Denied

    On 3 Aug 09, the applicant submitted an appeal to the Air Force Discharge Review Board (AFDRB). DPSOR states that based on the documentation on file in the applicant’s master personnel records, the discharge to include the narrative reason for separation and separation code was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. ________________________________________________________________ THE...

  • AF | BCMR | CY2014 | BC 2014 01824

    Original file (BC 2014 01824.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01824 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His General (Under Honorable Conditions) discharge be upgraded to Honorable. Although each request must be evaluated on a case-by-case basis, the award of an honorable or general discharge should normally be considered to indicate the absence of aggravating factors.” The discharge was properly processed according...