ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2014-03384
		
						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

Her DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect:

Her separation code “JFX” and corresponding narrative reason for separation, “Personality Disorder” be removed and replaced to a regular code that does not discriminate.

Her reentry (RE) code “2C” (involuntarily separated with an honorable discharge; or entry level separation without characterization of service) be changed to “1J” (eligible to reenlist but elected to separate).  

RESUME OF CASE:

On 1 December 2015, the Board considered and denied the applicant’s original request that her separation code, narrative reason for separation, and reentry code to be changed.  Specifically, the Board determined the application was not timely filed, and that it would not be in the interest of justice to excuse the failure to submit the application in a timely manner.  For an accounting of the facts and circumstances surrounding the applicant’s original request and the rationale of the earlier decision by the Board, see the Record of Proceedings (ROP) at Exhibit H.  

On 13 January 2016, the Board staff returned the applicant’s electronic correspondence dated 23 December 2015 without action.  The applicant was advised that her submission was essentially a request for reconsideration and it must be submitted on a DD Form 149, Application for Correction of Military Record, accompanied by newly discovered relevant evidence that was not available at the time of her original application (see Exhibit I).  

On 8 May 2016, by virtue of a DD Form 149, the applicant requests reconsideration of the Boards decision of an untimely application and she be granted protection under Title 10, United States Code (U.S.C.), Section 1034, Protected communications; prohibition of retaliatory personnel actions.  The applicant contends since Air Force Instruction (AFI) 36-2603, Air Force Board For Correction of Military Records, indicate the Board may excuse untimely filing in the interest of justice for members of the armed forces that are protected from retaliation by the Whistleblower Protection Act, she is entitled to protection and her application should be found timely submitted.  She further contends a pending Article 15, of the Uniform Code of Military Justice (UCMJ), was placed against her as a threat and an intimidation tactic for her submission to a Command Directed Evaluation through the Life Skills Support Center (LSSC).  The Article 15, UCMJ action disappeared after the illegal evaluation caused a code to be placed on her records, although she should have been protected under 10 USC § 1034.  There is evidence showing her command had an Inspector General (IG) complaint filed against them prior to her unwarranted referral to LSSC under hearsay and false pretenses.  Had the IG done their job and been available to instruct her on how to proceed in regards to attending the appointment with LSSC, everyone else would have complied.  

On 26 February 2018, SAF/IG conducted a search of the IG case file database and was unable to identify any responsive records with regard to the applicant.  In accordance with Air Force records disposition, files are purged two years after a case is closed.  

The applicant’s complete submission, with attachments, is at Exhibit J.

THE BOARD CONCLUDES THAT:

In an earlier finding, the Board determined that there was insufficient evidence to warrant corrective action.  After thoroughly reviewing the additional documentation submitted in support of the applicant’s appeal and the evidence of record, we do not believe the applicant has overcome the rationale expressed in our previous decision.  Although the applicant contends there is evidence showing her command had an Inspector General (IG) complaint filed against them, other than her own uncorroborated assertions, we find no evidence this to be the case.  Therefore, after reviewing the totality of the evidence we agree with the decision of the Board on 1 December 2015 to deny the applicant’s requests.  In the absence of evidence to the contrary, we find the applicant is not the victim of an error or injustice to warrant granting any of the requested relief

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 the applicant’s request for reconsideration of AFBCMR Docket Number BC-2014-03384 in Executive Session on 27 March 2018 under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit H.  Record of Proceedings, dated 11 December 2015 
                 w/atchs.
	Exhibit I.  Letter, AFBCMR, dated 13 January 2016, w/atchs.
	Exhibit J.  DD Form 149, dated 8 May 2016, w/atchs.  

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.