RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05356 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. Her general (under honorable conditions) discharge be upgraded to honorable. 2. Her reentry (RE) code of 2B (Separated with a general or under other than honorable conditions (UOTHC) discharge) be changed to allow her to enter the Air National Guard (ANG). ________________________________________________________________ APPLICANT CONTENDS THAT: Her transgressions did not warrant a discharge that prohibits her from further serving in the military. She would like an opportunity to correct the transgressions of her youth and serve her country. In support of her request, the applicant provides a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 293, Application for the Review of Discharge from the Armed Forces of the United States, and documents relating to her request for Congressional assistance. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 30 Aug 95, the applicant commenced her enlistment in the Regular Air Force. On 18 Nov 97, the applicant’s commander notified her that he was recommending her discharge from the Air Force for misconduct, specifically, conduct prejudicial to good order and discipline, and parenthood. The specific reasons for the discharge action were she received verbal counseling for being late for duty, three Records of Individual Counseling (RIC) for failing to respond while on telephone standby duty, being late for duty and uttering a check, and an Article 15 for failing to remain on telephone standby duty. In addition the applicant failed to provide a valid child care plan and made a statement to the First Sergeant that she had no desire to obtain anyone other than family members to provide child care. After consulting with legal counsel, the applicant acknowledged receipt of the action and invoked her right to submit a statement in her own behalf. On 4 Dec 97, the legal office reviewed the case and found it legally sufficient and recommended discharge with a general discharge without probation and rehabilitation. On 5 Dec 97, the applicant was furnished a general discharge and issued an RE code of 2B (Separated with a general or under other than honorable conditions (UOTHC) discharge). The applicant was credited with 2 years, 4 months, and 30 days of active service. On 16 Jul 13, a request for post-service information was forwarded to the applicant for response within 30 days (Exhibit E). In response, the applicant states after being discharged she continued work in the aircraft industry for 13 years. She left the aircraft industry and began her career with the railroad system. She would like another opportunity to serve her country and this time she will not fail because failing is not an option. The applicant’s complete response, with attachments, is at Exhibit F. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial noting the applicant has not provided any evidence of an error or injustice regarding her RE code. Per the governing instruction, AFI 36-2606, Reenlistments in the USAF, the applicant received the appropriate RE code based her being involuntarily discharged with service characterized as general. A complete copy of the AFPC/DPSOA 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 17 Feb 13, 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, 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. No evidence has been presented which would lead us to believe the applicant’s discharge was improper or contrary to the directive under which it was effected. In this respect, we note the applicant was discharged for a string of what was determined to be minor disciplinary infractions. We do not condone the behavior exhibited by the applicant, which ultimately led to her discharge from the Air Force. However, consideration of this Board is not limited to the events which precipitated the discharge. In this respect, we may base our decision on matters of equity and justice, rather than simply on whether rules and regulations, which existed at the time, were followed. Under this broader mandate and after a thorough review of the facts and circumstances surrounding the applicant’s discharge, we believe the applicant’s misconduct was not so egregious to warrant her to continue to suffer from stigma of her general (under honorable conditions) discharge. Furthermore, we note the applicant has provided substantial evidence of a successful post-service adjustment. Therefore, we believe it would be in the interest of justice to upgrade the applicant’s discharge to honorable. While the applicant indicates that her ultimate goal in pursuing correction of her records is to serve in the Air National Guard (ANG), the applicant should be aware that our recommendation to correct her records in no way implies that she is entitled to serve and whether or not she is successful in joining the ANG, or any other component for that matter, will be based solely on the needs of the service, provided she is otherwise qualified. Therefore, in view of the above, we recommend her records be corrected as indicated below in the interest of justice on the basis of clemency. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 5 December 1997 she was honorably discharged under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of “KFF,” a narrative reason for separation of “Secretarial Authority,” and a reenlistment eligibility (RE) code of “3K.” ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03377 in Executive Session on 10 Sep 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 Nov 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 7 Feb 13. Exhibit D. Letter, SAF/MRBR, dated 17 Feb 13. Exhibit E. Letter, AFBCMR, dated 16 Jul 13, w/atch. Exhibit F. Letter, Applicant, undated, w/atchs.