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AF | BCMR | CY2014 | BC 2014 02189
Original file (BC 2014 02189.txt) Auto-classification: Denied
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 applicant’s 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 
rater’s comments state “Member elected not to provide comments 
to the referral memo dated 24 Nov 2010.”  

On 18 Feb 11, the applicant’s 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 applicant’s 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 airman’s willingness to comply with Air Force 
standards and/or the airman’s 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 applicant’s 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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