RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03701
		INDEX CODE:  110.02

		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 changed to show a favorable discharge and reenlistment eligibility (RE) code and to either be compensated monetarily or be credited for 20 years of service.

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APPLICANT CONTENDS THAT:

Her commander discriminated against her because she was a single black female with a child.  Her record does not reflect any documentation such as a LOC, LOR (letters of counseling, reprimand, respectively), or any other disciplinary action.  Her latest airman performance report (APR) at that time also did not reflect any indication that she should not be selected for reenlistment.  

Regarding the time limit on the discovery date of the alleged error or injustice, she feels there should be no statute of limitations on an injustice that affects the outcome of the rest of a person’s life.  She contends when she was released from the Air Force, she had no education higher than high school and was faced with raising a child alone.  She returned home and had to rely on welfare for support while she attended schools.  She lived below the poverty level for many years and even 20 years later, she still deals with the shame, humiliation, and realization that she was not permitted to pursue her dream of being an active member of the US Air Force.

She has attained the rank of Master Sergeant (MSgt/E-7) in the Air National Guard but feels cheated of a better life simply because of a racist and noncompassionate person in power.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant entered the Regular Air Force on 9 March 1981.  She was honorably discharged 3 years, 6 months, and 20 days later as an Airman First Class (A1C/E-3).  Her discharge was under the FY 84 Early Separation Program - Strength Reduction and she was discharged to the XXXXXXX Air National Guard (XX ANG).  Her reenlistment code was listed as 2X, First Term, Second Term, or Career Airman Considered but not Selected for Reenlistment Under the Selective Reenlistment Program.  One year and one day after enlisting in the XX ANG she transferred to the XXXX ANG (XX ANG), effective 21 September 1985, as an A1C.  She is currently a MSgt with the XX ANG, eligible for a Reserve Retirement at age 60, and reenlisted on 21 October 2002 for a period of three years.

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AIR FORCE EVALUATION:

AFPC/DPPRSP recommends denial.  DPPRSP notes that only the applicant’s ANG personnel records were available for review.  Therefore, based on the lack of documentation in the file, they believe the discharge to be consistent with the procedural and substantive requirements of the discharge regulation and within the discretionary powers of the discharge authority.  No new evidence or any identification of error or injustice has been presented to warrant a change to the RE code.

DPPRSP’s complete evaluation is at Exhibit C.

AFPC/DPPAE has reviewed this case and verified that the RE code of 2X is correct.  She has presented no new or sufficient documentation to justify a change to her RE code.  She has not satisfactorily indicated the commander’s action to deny reenlistment was inappropriate or not in compliance with Air Force policy.  Additionally, she has not provided and proof of being discriminated against because of race and motherhood.

DPPAE’s complete evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 30 January 2004 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 a thorough review of the evidence of record and applicant's submission, we are not persuaded that her uncorroborated assertions of discrimination and/or racism regarding her discharge from the Air Force, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of having suffered either an error or injustice.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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 AFBCMR Docket Number BC-2003-03701 in Executive Session on 2 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Oct 03. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 20 Nov 03.
    Exhibit D.  Letter, AFPC/DPPAE, dated 16 Jan 04.
    Exhibit E.  Letter, SAF/MRBR, dated 30 Jan 04.