RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02158
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her narrative reason and reenlistment code be changed so she may enlist in the Air Force Reserve or Air National Guard.

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APPLICANT CONTENDS THAT:

Since her discharge, she has remarried and no longer is a single parent.  She will be able to adhere to the care provisions for her dependents if called upon to serve on active duty. 

In support of her request, she submits copies of her Airman Performance Reports, a copy of her marriage license and a copy of her DD Form 214.   Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant contracted her initial enlistment in the Regular Air Force on 20 September 1985.  She was progressively promoted to the grade of senior airman (E-4) effective 18 February 1985, and was subsequently appointed a noncommissioned officer (NCO) (sergeant (E-4)).  Her NCO appointment was vacated on 26 February 1987 based on her failure on two occasions to complete her Dependent Care Certification.

The following is a resume of the applicant’s APR ratings for the last six (6) reporting periods.

	Period Ending		Overall Evaluation

	17 Jan 83			9
	 2 Nov 83			9
	 2 Nov 84			9
	 7 May 85			9
	 7 May 86			9
	11 Mar 87			9

On 24 March 1987, applicant was notified of her commander’s intent to discharge her in accordance with AFR 39-10, paragraph 5-9b, for failing to meet her military obligations because of Parenthood.  She was advised of her rights and after consulting counsel, she waived her rights to submit a written statement.  In a legal review of the discharge case file, the staff judge advocate found it legally sufficient and recommended that she be discharged from the Air Force with an honorable discharge.  On 31 March 1987, the discharge authority directed that she be discharged with an honorable discharge without probation and rehabilitation.  Accordingly, applicant was discharged on 9 April 1987 by reason of “Inability to Perform Prescribed Duties Due to Parenthood” with a Reenlistment Eligibility (RE) code of “2C.”  She had served 5 years, 2 months and 22 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends the application be denied.  DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Even though now the applicant has made arrangements for dependent care, at the time of separation she did not; therefore, her record was correct at the time of discharge.  The DPPRS evaluation is at Exhibit C.

AFPC/DPPAE states that RE code 2C, “Involuntarily separated with an honorable discharge; or entry level separation without characterization of service” is correct.  The DPPAE evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and states that during her enlistment she was an outstanding airman and believes her excellent record and her knowledge of aircraft’s would be a great asset to the Air Force Reserve.

Her submission is at Exhibit F.

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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 probable error or injustice.  It appears that under the given circumstances, responsible officials applied appropriate standards in effecting her discharge and after a thorough review of the evidence of record we find no impropriety.  The reason discharge proceedings were initiated against the applicant is well documented in her record.  Discharge action was initiated in the applicant’s case due to her failure to meet military obligations by not completing her dependent care certification.  In this regard, we are constrained to note that her NCO status was vacated due to her not completing her dependent care certification, as instructed, on two occasions, thus not meeting military obligations.  We considered her overall quality of service and the events, which precipitated her discharge, and her assertion that she is now able to meet the dependency requirement for service.  However, based on the available evidence of record and in the absence of evidence to the showing the record is in error, we do not find any of the above considerations provide an adequate basis to change an RE code which was proper and correct at the time it was assigned.  Accordingly, the applicant’s request is not favorably considered. 

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THE BOARD RECOMMENDS THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal appearance; and the that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 5 December 2001, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 27 August 2001, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPRS, dated 27 August 2001.
     Exhibit D.  Letter, AFPC/DPPAE, dated 14 September 2001.
     Exhibit E.  Letter, SAF/MIBR, dated 28 September 2001.
     Exhibit F.  Letter, Applicant, dated 4 October 2001.