RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02878
		INDEX NUMBER:  100.00
	 	COUNSEL:  NONE

	 	HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

Her general discharge and Reenlistment Eligibility (RE) code be upgraded to allow her to continue her military service until she is ready to retire.

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APPLICANT CONTENDS THAT:

She did not adjust to the military because she experienced a rape while in the service.  She should not be barred from the military and feels the country needs her services.

The applicant’s complete submission, with attachment is at Exhibit A.

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STATEMENT OF FACTS:

On 9 June 1997, the Air Force Discharge Review Board (AFDRB) considered and denied applicant’s request to upgrade her discharge to honorable and change the reason for her discharge.

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C.

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AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends the application be denied and states, in part, that the discharge was consistent with the procedural and substantive requirements of the discharge regulation at that time.  Additionally, the discharge was within the sound discretion of the discharge authority and the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.

A complete copy of the evaluation is at Exhibit C.

AFPC/DPPAE states that the RE code of 2B denotes that a member has been separated with a general or under-other-than-honorable-conditions (UOTHC) discharge.  Since the applicant was involuntarily separated and given a general characterization of service, the RE code of 2B is correct.

A complete copy of the evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:

Copies of the Air Force evaluations were forwarded to the applicant on 14 December 2001 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s complete submission, we find no evidence of error or injustice.  In this respect, we note that the applicant’s discharge appears to be in compliance with the governing Air Force Regulation in effect at the time of her separation and that she was afforded all the rights to which entitled.  The applicant states that the behavior leading to her discharge was the result of a rape she experienced while in the service; however, she has provided insufficient evidence to support this contention.  Furthermore, she provides no evidence that her separation for a pattern of numerous minor disciplinary infractions was inappropriate.  There being insufficient evidence to the contrary, we find no compelling 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.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and 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 Docket Number 01-02878 in Executive Session on 16 May 2002, under the provisions of AFI 36-2603:
 
	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Oct 01, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 27 Nov 01.
	Exhibit D.  Letter, AFPC/DPPAE, dated 7 Dec 01.
	Exhibit E.  Letter, SAF/MRBR, dated 14 Dec 01.