RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04322
		COUNSEL:  NONE
		HEARING DESIRED:  NO 

________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His general (under honorable conditions) discharge be 
upgraded to Honorable.

2.  He be reinstated to the rank of Staff Sergeant (SSgt, E-5).  

________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of his discharge, he was under a tremendous amount 
of stress with graduate school and his mother’s health issues.  
Additionally, he was the accounting manager for a company that 
was failing.  Due to these circumstances, he could no longer 
attend the necessary weekend drills in order to remain in good 
standings.

In support of his request, the applicant provides copies of a 
Notification of Discharge Action, memorandum and a continuation 
statement from his DD Form 149, Application for Correction of 
Military Record.  

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

________________________________________________________________

STATEMENT OF FACTS:

On 2 Nov 91, the applicant enlisted in the Missouri Air National 
Guard (ANG).  

On 17 May 00, he was honorably discharged for the purpose of 
enlisting in the ANG in another state.  He was credited with 
8 years, 6 months, and 16 days of total service. On 18 May 00, 
the applicant enlisted in the Illinois ANG. 

On 5 Nov 00, the applicant was demoted to the rank of senior 
airman (E-4), with a date of rank of 5 Nov 00, for 
unsatisfactory participation.


On 4 Jun 01, the applicant received a general discharge for 
unsatisfactory participation and minor disciplinary infractions. 
He was credited with nine years, seven months, and three days of 
total service.

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AIR FORCE EVALUATION:

NGB/A1PP recommends denial indicating there is no evidence of an 
error or an injustice.  The applicant did not fulfill his 
military service obligation and there is no evidence to support 
his claim.  He admitted that he did not attend the necessary 
drills and attempted to be released from his commander, but his 
request was disapproved.  The unexcused absences led to his 
discharge. 

A complete copy of the A1PP 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 14 Nov 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit D).

________________________________________________________________

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 an error or injustice.  After a 
thorough review of the available evidence and the applicant’s 
complete submission, we find no evidence which would persuade us 
that the applicant’s records should be corrected to show that he 
was reinstated to the grade of SSgt.  The applicant has not 
provided any evidence to show that his demotion to the grade of 
SrA effective 5 Nov 00, was in error or that his commander 
lacked the authority to do so.  Therefore we find no basis to 
act on this portion of his request.  Regarding his request to 
upgrade his discharge to honorable, based on the available 
evidence of record, it appears the discharge was consistent with 
the substantive requirements of the discharge regulation and 
within the commander's discretionary authority.  The applicant 
has provided no evidence which would lead us to believe the 
characterization of the service was contrary to the provisions 
of the governing regulation, unduly harsh, or disproportionate 
to the offenses committed.  In the interest of justice, we 
considered upgrading the characterization of the applicant’s 
discharge based on clemency; however, after considering his 
overall record of service, the infractions which led to his 
administrative separation and the lack of post-service 
documentation, we are not persuaded that an upgrade on this 
basis is warranted.  Therefore, in view of the above and in the 
absence of evidence to the contrary, we find no basis upon which 
to recommend granting the relief sought.

________________________________________________________________

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 AFBCMR Docket 
Number BC-2013-04322 in Executive Session on 26 Jun 14, under 
the provisions of AFI 36-2603:

	                        , Panel Chair
	                  , Member
	                   , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 6 Sep 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, NGB/A1PP, dated 17 Oct 13.
	Exhibit D.  Letter, SAF/MRBR, dated 14 Nov 13.




                                   
                                   Panel Chair
                                    
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