RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02189
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her Reenlistment Eligibility (RE) code be changed.
APPLICANT CONTENDS THAT:
Her discharge was voluntary, as a part of the Date of Service
(DOS) Rollback, and not due to disciplinary reasons. She
received an Article 15 while on deployment and was not given the
opportunity for rebuttal.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 25 Mar 08, the applicant entered the Regular Air Force.
On 24 Nov 10, she received an Article 15, Uniform Code of
Military Justice (UCMJ) for making derogatory comments. She
acknowledged receipt the same day indicating she consulted
counsel, waived her right to court-martial, requested a personal
appearance and submitted a written statement. On 26 Nov 10, the
applicant indicated she would not appeal the Article 15.
On 21 Dec 10, her squadron commander gave her a 1 - poor
Enlisted Performance Report (EPR) stating the applicant received
NJP for making derogatory comments, does not meet minimum
fitness standards and requires constant supervision. The
raters comments state Member elected not to provide comments
to the referral memo dated 24 Nov 2010.
On 18 Feb 11, the applicants squadron commander did not select
her for reenlistment stating she had received an Article 15 for
drawing a sexual innuendo picture and swastika on a T-Wall while
deployed in a combat zone, received two Letters of Counseling
(LOCs) and one Letter of Reprimand (LOR) for failure to obey
orders, failed initial weapons knowledge testing impacting
flight capabilities, failed to maintain minimum physical fitness
standards and received an overall rating of 1 on her EPR.
On 22 Feb 11, she acknowledged receipt initialing she did not
intend to appeal the decision.
On 18 Apr 11, her squadron commander submitted a memorandum to
deny the applicants good conduct medal (GCM) due to the NJP.
On 31 May 11, the applicant received an honorable discharge.
She was credited with 3 years, 2 months and 6 days of active
service.
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial indicating the RE code 2X, meaning
1st term, 2nd term or career airman considered but not selected
for reenlistment, is correct. The applicant was discharged
under the FY11 AF Force Shaping Rollback Program. Her commander
non-selected her for reenlistment on an AF IMT 418, Selective
Reenlistment Program Consideration, which she acknowledged. Her
RE code was updated to 2X based on her non-selection for
reenlistment.
The applicant stated she had a derogatory mark on her record
explaining why she received an Article 15 NJP, and goes on to
state at the time I was not given the opportunity to write a
rebuttal. However, she initialed the I do not appeal block
during her Article 15 processing on 26 Nov 10 choosing not to
mark the I appeal and submit matters in writing block. She
further states her discharge was not due to disciplinary
reasons, however; she was involuntarily discharged under the
Rollback due to denial of reenlistment which was based on a
pattern of disciplinary issues to include the Article 15, two
LOCs and an LOR for failure to obey orders and she failed to
maintain minimum Physical Fitness Standards during the 09-10
rating period. Additionally, the applicant had the following
two statements on her last performance report, requires
constant supervision, and not ready for promotion.
AFI 36-2606, Reenlistment in the USAF, states commanders have
selective reenlistment selection or non-selection authority.
The Selective Reenlistment Program (SRP) considers the members
EPR ratings, Unfavorable Information from any substantiated
source, the airmans willingness to comply with Air Force
standards and/or the airmans ability (or lack of) to meet
required training and duty performance levels. The applicant
states she was given an opportunity to separate voluntarily as
part of the Rollback program. However, she was non-selected for
reenlistment and could not have stayed in the Air Force if she
wanted to. She would have had to separate on her Date of
Separation if she was not involuntarily discharged under the
FY11 Rollback in which members were mandatorily separated not
later than 31 May 11.
The complete 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 10 Oct 14 for review and comment within 30 days
(Exhibit D). 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 timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we agree with the opinion and
recommendation of the Air Force office of primary responsibility
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
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 documentary evidence pertaining AFBCMR Docket
Number BC-2014-02189 was considered:
Exhibit A. DD Form 149, dated 9 Jan 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSOA, dated 25 Jun 14.
Exhibit D. Letter, SAF/MRBR, dated 10 Oct 14.
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