RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01406 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her reentry (RE) code, separation code, and narrative reason for separation be changed to allow her to reenter active duty. _________________________________________________________________ APPLICANT CONTENDS THAT: She is trying to return to active duty; however, her RE code and narrative reason for separation is preventing her from doing so. She has long believed her RE code was inappropriate. During her last six months in the military, her chain of command was subject to an intense Inspector General (IG) investigation due to her claim of “reprisal for using her chain of command.” Although the IG did not find in favor of her claim, she continues to stand by her claim even after she was discharged. In support of her appeal, the applicant provides copies of a DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States; her DD Form 214, Certificate of Release or Discharge from Active Duty; numerous performance reports; IG investigation documentation; several Letters of Reprimand (LORs); character references; letters and certificates of appreciation; congressional correspondence; unit correspondence; training/education correspondence; and several letters of support. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force. Accordingly, there is no need to recite these facts in the Record of Proceedings. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denying the applicant’s request to change her RE code. DPSOA states the RE code “2C”is required based on the applicant’s involuntary discharge with an honorable characterization of service. The applicant requests the RE code “1J” (eligible to reenlist, but elects separation); however, she cannot be awarded the RE code “1J” as she was not selected for reenlistment by her commander under the Selective Reenlistment Program (SRP). The complete DPSOA evaluation is at Exhibit C. AFPC/DPSOS recommends denial. DPSOS states they found no evidence of an error or injustice in the processing of the discharge action, nor did the applicant submit any such evidence. The narrative reason for separation and reentry code was properly established based on the applicant’s involuntary discharge and honorable service characterization. Based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. The complete DPSOS evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 5 November 2010, 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 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. Even though the applicant has provided no evidence to show that her discharge was improper or not in compliance with the appropriate regulations, it is our opinion that relief is warranted in this particular case. In this regard, we note the applicant contends her discharge codes were based on the last six months of her nearly eight years of active duty after she made protected disclosures to the group commander. Although the IG did not find in favor of the applicant’s claim of reprisal, we believe there is sufficient evidence to conclude that her difficulties were contributed to by a personality conflict with her supervisor. In that regard, we note the IG Report indicates the applicant and her supervisor had numerous confrontations which were exacerbated by the supervisor giving work assignments directly to other office staff members without going through the applicant, even though she was the section Non-Commissioned Officer in Charge. These actions contributed to an unprofessional office atmosphere. In view of this; we believe any doubt in this case should be resolved in favor of the applicant. Based on the aforementioned, the Board believes her RE code, separation code, and narrative reason for separation should be changed to waiverable codes in the interest of equity and justice. Therefore, the Board recommends her records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 9 June 1997, she was discharged under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority), with a Separation Program Designator code of “KFF, a narrative reason for separation of “Secretarial Authority” and a Reentry Code of “3K.” _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-01406 in Executive Session on 6 January 2011, under the provisions of AFI 36-2603: , Vice Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence for AFBCMR Docket Number BC-2010- 01406 was considered: Exhibit A. DD Form 149, dated 19 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 2 Jun 10. Exhibit D. Letter, AFPC/DPSOS, dated 4 Oct 10. Exhibit E. Letter, SAF/MRBR, dated 5 Nov 10. Vice Chair