RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00435 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her reentry (RE) code of 2B, which denotes “separated with a general or under-other-than-honorable-conditions (UOTHC) discharge”, be upgraded. 2. Her separation code of JKM, which denotes “discharge no board entitlement”, be upgraded. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. She is a single mom who wants another opportunity to re-join the service. She understands the mistakes she made as a teen and does not have time to mess up another opportunity to serve her country. 2. Being in the military was always a dream of hers ever since she was a child and if given another chance, she would not make any mistakes or stupid decisions. 3. Now that she is grown, she has changed. Her husband left her, she cannot find employment and is considered homeless and worth nothing. She wants a better life for her daughter. The applicant did not provide any documentation in support of her request. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 13 June 2006, the applicant enlisted in the Regular Air Force. On 9 August 2007, the applicant was notified of her commander’s intent to recommend that she be discharged from the Air Force under the provisions of AFPD 36-32, Air Force Military Training and AFI 36-3208, Administrative Separation of Airmen, paragraph 5.50.2, for conduct prejudicial to good order and discipline. The applicant acknowledged receipt of the notification of discharge, consulted counsel and submitted a statement on her own behalf. The specific reasons for this action were: 1) On 18 January 2007, the applicant received a Record of Individual Counseling (RIC) for being in the company of a minor without parental consent and allowing the minor to drive her car without a license; Letter of Reprimand (LOR) and establishment of an Unfavorable Information File (UIF) for failure to go to her appointed place of duty; 2) On 1 February 2007, she received a RIC for financial irresponsibility; 3) On 8 March 2007, she received a RIC for a continued pattern of irresponsibility; 4) On 30 March 2007, she received a RIC for failure to show up for squadron physical training, reporting late for work and lacking a sense of urgency; 4) On 4 May 2007, she received a LOR for failure to pay two valid debts; 5) On 24 May 2007, her driver’s license was suspended for a period of 90 days and on 3 July 2007, she was cited for driving with a suspended license, as a result of her actions, she received a LOR; and 6) On 13 July 2007, a security determination was made to suspend her access to classified information, unescorted entry to restricted and controlled areas. On 28 August 2007, the Assistant Staff Judge Advocate found the case to be legally sufficient and recommended the applicant be discharged with a general (under honorable conditions) discharge, without probation and rehabilitation. On 29 August 2007, the discharge authority approved the applicant’s discharge. On 10 September 2007, the applicant was discharged from the Air Force with a general (under honorable conditions) discharge in the grade of airman first class. She served 1 year, 2 months and 25 days of total active service. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOS recommends denial of an upgrade to her discharge. DPSOS states the applicant’s discharge was consistent with the procedural and substantive requirements of the discharge instruction and was within the discretion of the discharge authority. Additionally, the applicant did not provide any evidence of an error or injustice to warrant a change to her discharge characterization. The complete DPSOS evaluation is at Exhibit C. HQ AFPC/DPSOA recommends denial of the applicant’s request to change her RE code. DPSOA states the applicant’s RE code is required per AFI 36-2606, Reenlistments in the United States Air Force, chapter 3, based on her involuntary discharge with general (under honorable conditions) characterization of service. The complete DPSOA evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 17 June 2011, for review and comment within 30 days (Exhibit E). As of this date, this office has not received a 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. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice with respect to the applicant’s request for a change in her RE and separation codes. The RE Code “2B” and separation code “JKM” issued at the time of her separation accurately reflects the circumstances of her separation and should remain unchanged. We considered upgrading her RE and separation code based on clemency; however, we do not find the evidence presented is sufficient to recommend granting the relief sought on that basis. 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 evidence to the contrary, we find no 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 AFBCMR Docket Number BC-2011-00435 in Executive Session on 21 July 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-00435 was considered: Exhibit A. DD Form 149, dated 4 February 2011. Exhibit B. Applicant's Master Personnel Records. Exhibit C. HQ AFPC/DPSOS, Letter, dated 29 April 2011. Exhibit D. HQ AFPC/DPSOA, Letter, dated 23 May 2011. Exhibit E. SAF/MRBR, Letter, dated 17 June 2011. Panel Chair