RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00954
		INDEX CODE:  
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect her pay grade was airman first class.

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APPLICANT CONTENDS THAT:

As the result of the death of a fellow airman while she was TDY in Dhahran she requested to cross train from the security police because she no longer wished to carry a gun on a daily basis.  She wanted to remain in the Air Force but with a different job, without a weapon.  Although the mental health department felt she should be retained, she was discharged at her commander's request.  She served time in the grade of airman first class and would like her DD Form 214 to reflect that grade due to the time she served in that grade, even though it was taken away at her commander's request.

In support of her request, applicant provided a personal statement; a copy of her AF Form 77, Supplemental Evaluation Sheet; a copy of her TDY orders, copies of her mental health evaluations, letters of recognition; and, a copy of her DD Form 214.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 17 Nov 94 and was progressively promoted to the grade of airman first class, having assumed that grade effective and with a date of rank of 17 May 95.  

On 24 Apr 96, applicant was notified by her commander that he was recommending that she be discharged from the Air Force in accordance with AFI 36-3208, paragraph 5.11.1 for a condition that interferes with military service, specifically, an adjustment disorder.  She was advised of her rights in this matter and acknowledged receipt of the notification on that same date.  On 25 Apr 96, after consulting counsel, applicant elected not to submit statements on her own behalf.  In a legal review of the case, the staff judge advocate, found the case legally sufficient and recommended that she be discharged with an honorable discharge, without probation and rehabilitation.  On 3 May 96, the discharge authority concurred with the recommendation and directed that she be discharged with an honorable discharge, without probation and rehabilitation.  Applicant was discharged from the Air Force on 14 May 96.  She served 1 year, 5 months, and 28 days on active duty. 

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AIR FORCE EVALUATION:

AFPC/DPPPWB recommends denial.  DPPPB states that she was to be promoted to the grade of airman first class effective 17 Mar 96.  However, on 1 Mar 96, her commander nonrecommended her for promotion based on her decision not to perform duties as a security specialist.  The DPPPWB evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that DPPPWB states that she received a diagnosis of a "Personality Disorder" which is not true.  As a matter of fact, "Personality Disorder" has already been removed form her DD Form 214.  Even after she turned in her weapon and was mentally evaluated, she worked every day like every one else in the squadron and never caused any problems.  Her intention was to cross train and not "cop-out" from the Air Force.  Her value system had changed due to the loss of one of her very good friends.  

Her complete submission, with attachments, is at Exhibit E.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  In this respect, after the applicant's indication that she no longer wished to carry a weapon she was referred for a mental health evaluation.  Even though the attending physician noted that she did not have a medical disorder or long-standing personality disorder, it was recommended that she be separated from the Air Force.  Her commander subsequently determined that she was not qualified for promotion based on her desire to not carry a weapon, which as a security forces specialist inhibited her from performing her primary duties.  The Board majority notes that prior to her decision, which was predicated by a traumatic incident, there is no indication of any misconduct and evidence presented reflects that she performed her duties in an outstanding manner.  While hesitant to question the judgment of commanding officers, the Board majority believes that an injustice exists in this case and in their opinion the decision to nonrecommend her for promotion under the circumstances was excessively harsh.  The Board majority therefore recommends that she be promoted to the grade of airman first class.  However, since she did not actually perform duties in the grade of airman first class, the Board majority does not believe that she should be entitled to receive back pay and allowances in that grade.  Accordingly, the Board majority recommends that her records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that she was promoted to the grade of airman first class (E-3) with a date of rank of 17 March 1996 and an effective date of 13 May 1996. 

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The following members of the Board considered AFBCMR Docket Number BC-2003-00954 in Executive Session on 17 Sep 03, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

By a majority vote, the Board voted to grant the request.  Mr. Maglio voted to deny the applicant's request and did not desire to submit a minority report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPWB, dated 24 Jun 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Aug 03.
    Exhibit E.  Letter, Applicant, dated 12 Aug 03, w/atchs.

					
								Panel Chair

AFBCMR BC-2003-00954

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that she was promoted to the grade of airman first class (E-3) with a date of rank of 17 March 1996 and an effective date of 13 May 1996.

							
							Director
							Air Force Review Boards Agency