RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-01755 INDEX CODE:	110.02
XXXXXXX	COUNSEL:	NONE
HEARING DESIRED:	YES

APPLICANT REQUESTS THAT:
Her general (under honorable conditions) discharge be changed to a medical discharge with severance pay.

APPLICANT CONTENDS THAT:
An Informal Physical Evaluation Board (IPEB) offered her a medical separation with a 20% disability and severance pay before her commander decided to discharge her instead.

In support of her application, the applicant provides a copy of AF Form 1180, Action on Informal Physical Evaluation Board Findings and Recommended Disposition, a copy of AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, a copy of AF IMT 100, Request and Authorization for Separation, and a copy of AF IMT 973, Request and Authorization for Change of Administrative Orders.

Applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 March 2003 and was progressively promoted to the grade of airman first class.

On 28 August 2007, the applicant's commander forwarded a letter of nonrecommendation for continued service to the MEB stating the applicant was unable to deploy and fulfill the squadron's wartime mission.

On 26 October 2007 the IPEB found the applicant unfit for continued military service due to a chronic low back pain, with L5-S1 paracentral disc extrusion. The IPEB recommended discharge with severance pay with a 20 percent disability rating. On
30 October 2007, the applicant concurred with the findings and recommendation.

On 5 November 2007, the applicant’s commander notified her that he was recommending she be discharged from the Air Force for Misconduct-Minor Disciplinary Infractions. The commander was recommending the applicant receive a general (under honorable conditions) discharge. The specific reason for this action was that she received an Article 15 for failure to pay just debts in the total amount of $1,766.80, five Letters of Reprimand for issuing checks without funds, and two Letters of Counseling for failure to receive a mandatory flu shot and for failure to pay her cell phone bill.  She was advised of her rights, she acknowledged receipt of the notification and submitted a personal statement. On 3 December 2007, the discharge authority recommended approval of her discharge.

The applicant’s case was forwarded to the Secretary of the Air Force Personnel Counsel (SAFPC) as a “dual-action” case based on medical issues and the administrative discharge action. On 11 February 2008, the Secretary of the Air Force directed the applicant’s discharge be approved under the provisions of AFI 36- 3208 Administrative Separation of Airmen.

On 15 February 2008, the applicant was discharged under the provisions of AFI 36-3208, Administrative Separation of Airmen, Misconduct-Minor Disciplinary Infractions, with a general (under honorable  conditions)  discharge.  She  had  served  4  years,
10 months, and 28 days of total active military service.

AIR FORCE EVALUATION:
AFPC/DPPD recommends denial and states the preponderance of evidence reflects that no error or injustice occurred during the disability process.

AFPC/DPPD's complete evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 13 June 2008 for review and comment within 30 days. As of this date, this office has received no response.

THE BOARD CONCLUDES THAT:
1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.
3.	Insufficient relevant evidence has been presented to demonstrate the existence of an injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred in the discharge processing. In this regard, we note that the discharge case was considered by the SAFPC as a dual- action case and was determined that the applicant should be discharged because the severity of her misconduct prevailed over the IPEB recommendation for a medical discharge. In view of the above and in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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 issue involved. Therefore, the request for a hearing is not favorably considered.

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.

The following members of the Board considered Docket Number BC- 2008-01755 in Executive Session on 17 July 2008, under the provisions of AFI 36-2603:
Panel Chair 
Member
Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-01755:

Exhibit A. DD Form 149, dated 6 May 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPPD, dated 16 May 08.
Exhibit D.  Letter, SAF/MRBR, dated 13 Jun 08.