RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2007-02061
		INDEX CODE:  110.02
	 	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her reenlistment eligibility (RE) code of 2C (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) and her separation program designator (SPD) code of HDG (parenthood or custody of minor children) be changed to allow her entry into the Air National Guard.

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APPLICANT CONTENDS THAT:

She applied for an early discharge due to her recent change in marital status in concurrence with her remote assignment to Korea.

She was going to have to relinquish permanent custody of her children to their father, putting her future custody at risk, and she did not want to risk that.

In support of her request, the applicant provided a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty.

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

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STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 30 Jul 97.  She served for a period of 6 years, 1 month, and 24 days.

On 4 Sep 03, the applicant’s commander notified her of pending discharge actions based on parenthood and dependent care responsibilities.  Specifically, on 9 Jun 03, the applicant failed to complete her AF Form 357, Dependent Care Certification.   

Records indicate the applicant was counseled on multiple occasions by her supervisor, first sergeant, commander, and given opportunities to correct her parenthood issues/responsibilities.

On 5 Sep 03 and after consulting with counsel, the applicant offered a conditional waiver of her rights associated with an administrative discharge board hearing contingent upon receipt of no less than an honorable discharge.   

On 18 Sep 03, the discharge authority directed that the applicant be separated from the Air Force with an honorable discharge, without probation and rehabilitation, under the provisions of AFPD, 36-32, Military Retirements and Separations, AFI 36-3208, Administrative Separation of Airmen, paragraph 5.9, parenthood, and AFI 36-2908, Family Care Plan.  

The applicant was discharged with an honorable discharge on     23 Sep 03, with an RE code of 2C, SPD code of HDG, and narrative reason of Parenthood or Custody of Minor Child.

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AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  DPSOA states that a review of the applicant’s records reflects that on 18 Sep 03, she was approved for discharge based on parenthood and AFI 36-3208, Dependent Care Responsibilities.  There was no evidence of error or injustice found nor did the applicant submit any evidence of any.  

The AFPC/DPSOA complete evaluation, with attachments, is at Exhibit B.

AFPC/DPSOS recommends denial. DPSOS states that based on the documentation in the master personnel records, the discharge was consistent with the substantive requirements of the discharge regulation.  The discharge was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge proceedings.  She provided no facts warranting a change to her SPD or RE code.

The AFPC/DPSOS complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 19 Oct 07 for review and comment within 30 days (Exhibit D).  As of this date, this office has not received a response.

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Therefore, in the absence of 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 Docket Number BC-2007-02061 in Executive Session on 21 December 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, w/atch, dated 12 Jun 07.
    Exhibit B.  Memorandum, AFPC/DPSOA, w/atchs, dated 4 Oct 07.
    Exhibit C.  Memorandum, AFPC/DPSOS, dated 10 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.