RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-01343
		INDEX CODE: 112.10
 	XXXXXXX				COUNSEL:  NONE
			  		HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 5 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

Her reenlistment (RE) code be changed to permit reentry into the military.

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APPLICANT CONTENDS THAT:

She was not represented properly when responding to her placement on the control roster.  The attorney assigned to her base was on a temporary duty assignment; therefore she had to seek representation from another state.  She states she was only an airman defending herself against a technical and master sergeant as well as her first sergeant and commander.  She states her NCOIC, superintendent, direct supervisor were new and did not support her.  In addition, since separating from the Air Force, she has successfully maintained steady employment, her children are well cared for and she has not faced any problems with any of the jobs she has held.  She wants the opportunity to reenter the military because she felt part of something and enjoyed being of service to her country.  She believes she would be an asset to the Navy.

In support of her request, the applicant submits a personal letter and character references. 

Her complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 8 March 2001 in the grade of airman basic.  Since she was a six year enlistee, on 10 July 2001 she was promoted to airman first class.  

On 26 February 2004 she was notified by her commander that she was being discharged from the United States Air Force (USAF) under the Fiscal Year 2004 Force Shaping Program.  The specific reason she fell under the Force Shaping Program was that she was placed on the control roster for unacceptable behavior and duty performance. She was given 120 days from the date of notification to separate from the USAF with an honorable discharge.  On the same day, she acknowledged receipt of the notification.

At the time of her separation, she was serving on the control roster, therefore her RE code was established as "4I" which denotes serving on control roster."

On 25 June 2004, she was honorably discharged from the USAF in the grade of senior airman.  

She served 3 years, 3 months and 18 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE states her commander was afforded the opportunity to determine if her retention was warranted and, if authorized change her codes.  The applicant was denied retention and separated under the Force Shaping Program guidance announced 3 February 2004 that rolled back dates of separation based on certain codes.  There is no error or injustice.  

The complete DPPAE evaluation, with attachments, is at Exhibit C.

AFPC/DPPRS recommends denial.  DPPRS states the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  In addition, the discharge was within the sound discretion of the discharge authority.  She did not submit any new evidence or identify any errors or injustices that occurred in her discharge processing.  Her separation was authorized by the authority of HQ USAF and she received the correct RE code.  She provided no facts warranting a change to her RE code.

The complete DPPRS 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 10 August 2007 for review and comment within 30 days.  As of this date, this office has received no response (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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice warranting corrective action.   Even though the applicant has provided no evidence to show that her separation was improper or not in compliance with the appropriate regulations, it is the Board majority's opinion that relief is warranted in this case.  In this respect, after careful review of the applicant's available military personnel records and giving credence to the support received from members and leaders of her local community, the Board majority believes that a good probability exists that she may be able to provide effective and meaningful service to our nation as a member of the armed forces.  Accordingly, the Board majority believes that correction of her RE code to a waiverable code is warranted based on the merits of this case.  Whether or not she is successful in her attempts to return to the military will depend on the needs of the service and our recommendation in no way guarantees that she will be allowed to return to any branch of service.  Therefore, the board majority recommends that her records be corrected to the extent indicated below.  

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THE BOARD RECOMMENDS:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 25 June 2004, she was separated with a reenlistment eligibility (RE) code of 3K.

The following members of the Board considered Docket Number BC-2007-01343 in Executive Session on 12 September 2007, under the provisions of AFI 36-2603:

				, Panel Chair
				, Member
				, Member

By majority vote, the Board voted to correct the records, as recommended.  XXXXXXXXXX voted to deny applicant's request  but does  not wish  to submit a  minority  report.   The 

following documentary evidence pertaining to AFBCMR Docket Number BC-2007-01343 was considered:

	Exhibit A.	DD Form 149, dated 24 April 2007, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPAE, dated 27 July 2007.
	Exhibit D.	Letter, AFPC/DPPRS, dated 2 August 2007.
	Exhibit E.	Letter, SAF/MRBR, dated 10 August 2007.

	
	Panel Chair