RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03790 INDEX CODE: 100.03, 100.06 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her character of service, separation code, narrative reason for separation and reenlistment eligibility (RE) code be changed so that she may pursue a career in the military. _________________________________________________________________ APPLICANT CONTENDS THAT: She was young and stupid, got married to a sailor who wanted her to get out of the service. She was dumb and made the biggest mistake of her life, so she spoke with her commander at the time who advised her that the only way to get out was to see a counselor. In support of her application, the applicant submits a personal statement, a copy of DD Form 214, Certificate of Release or Discharge from Active Duty, a copy of her resume, letters from her employers, and a training certificate. Applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force as an airman basic on 20 January 1989. On 11 May 1989, a Mental Health Evaluation was completed with the following diagnosis of Adjustment Disorder with mixed emotional features compounded by occupational problems, maladjustment, and difficulty with military service. The evaluation stated that the disorder was so severe that it would more likely than not continue to impair the applicant's ability to perform her assigned military duties. On 2 June 1989, the applicant’s commander notified the applicant of his intent to recommend her for discharge from the Air Force for mental disorders, specifically, an Adjustment Disorder with mixed emotional features compounded by occupational problems, maladjustment, and difficulty with military service with an entry level separation. Applicant acknowledged receipt of the notification of discharge and after consulting with legal counsel, submitted statements in her own behalf. The base legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant be separated from the service with an entry-level separation. On 12 June 1989, the convening authority approved the applicant’s uncharacterized entry level separation. On 13 June 1989, the applicant was discharged under the provisions of AFR 39-10, Chapter 5, Section B, para 5.11i, Administrative Separation of Airmen (Conditions That Interfere with Military Service), with an uncharacterized discharge. She served 4 months and 24 days of total active military service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial and states the applicant was involuntarily discharged with an entry level separation and an uncharacterized character of service. The RE code of 2C is correct. They did not find any justification or injustice to warrant a change of the RE code. AFPC/DPSOA's complete evaluation is at Exhibit C. AFPC/DPSOS recommends denial and states that based on the documentation in file in the master personnel records; the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority. Since the discharge action was initiated within 180 days of the applicant's entry onto active duty, the entry level-uncharacterized service is correct and in accordance with Department of Defense (DoD) and Air Force instructions. The DoD determined that if a member served less than 180 days continuous active service, it would be unfair to the member and the service to characterize their limited service. AFPC/DPSOS's complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Complete copies of the Air Force evaluations were forwarded to the applicant on 13 February 2009, for review and comment within 30 days. As of this date, no response has been received by this office _________________________________________________________________ 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, the Board excused the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded her records should be changed. In this regard, we note that the discharge appears to be in compliance with the governing instructions in effect at the time and we find no evidence to indicate that the applicant’s separation from the Air Force was inappropriate. Applicant’s contentions were duly noted; however, we do not find her assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force offices of primary responsibility. Therefore, 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 the applicant has not been the victim of an error or injustice. In the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. _________________________________________________________________ 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- 2008-03790 in Executive Session on 24 March 2009, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to Docket Number BC-2008-03790 was considered: Exhibit A. DD Form 149, dated 8 Oct 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 2 Dec 08. Exhibit D. Letter, AFPC/DPSOS, dated 16 Jan 09. Exhibit E. Letter, SAF/MRBR, dated 13 Feb 09. Panel Chair