AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
IN THE MATTER OF:
DOCKET NO: 96-01737
COUNSEL :
HEARING DESIRED: Yes
OCT 2 8 1932
Applicant requests that his records be corrected to show that he was not
.deni.e.d ~e.d~is;tme.nt.; h e .w.as ao,t di.s&as.g.ed.; h e serlvced c.onLin.uausJ- y 28 Lhe
present; he is entitled to back pay, benefits, and credit; and he is
eligible to reenlist. Applicant's submission is at Exhibit A.
The appropriate
Air Force office evaluated applicant's request and
provided an advisory opinion to the Board recommending the application be
denied (Exhibit C). T h e advisory opinion was forwarded to the applicant
f o r review and response (Exhibit D) . Applicant's counsel's response is
attached at Exhibit E.
The application was timely filed.
After careful consideration of applicant's request and the available
evidence of record, we find insufficient evidence of error or injustice to
warrant corrective action. The facts and opinions stated in the advisory
opinion appear to be based on the evidence of record and have not been
adequately rebutted by applicant's counsel. Absent persuasive evidence
applicant was denied rights to which entitled, appropriate regulations were
n o t followed, or appropriate standards were not applied, we find no basis
to disturb the existing record.
Accordingly, applicant's request is denied.
The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue(s) involved. Therefore, the request f o r a
hearing is not favorably considered.
The Board staff is directed to inform applicant of this decision.
Applicant should also be informed that this decision is final and will only
be reconsidered upon the presentation of new relevant evidence which was
not reasonably available at the time the application was filed.
Members of the Board Mr. Henry C. Saunders, Mr. Joseph T. Wagner,
and Mr. Richard A. Peterson, considered this application on
16 October 1997, in
Instruction 36-2603,
Exhibits:
A. Applicant's DD Form 149
B. Available Master Personnel Records
C ; Advisory Opinions
D. AFBCMR Ltr Forwarding Advisory Opinions
E. Applicant's Response
c
DEPARTMENT OF THE AIR FORCE
b 4 MATlWAL G A R 0 READINESS CENTER
,
MEMORANDUM FOR AFBCMR
FROM: ANGMPPU
3500 Fetchet Avenue
Andrews AFB MD 20762-5157
SUBJECT: Application for Correction of Military R e
c
r
1
D
1-p
The attached Application for Correction of Military Records submitted by
a former member of the New York Air National Guard (NY
ANG), is forwarded for your review and action.
discharged and denied reenlistment. 4 also requests all back pay,
his records be chan ed to reflect that he was not
-requests
allowances, and eligibility to reenlist.
1 9 4 7 - 1 9 9 7
d
4
o
1'6' APR 1997
-
4
This Headquarters recommends denial of relief.
asserts he was
wrongfully discharged from the NY ANG on 8 Oct 94. He claims he was discharged
in reprisal for his earlier activities as union steward and for successfully defending
against a thirty-day suspension from duty in his technician status. He requests
correction of his records to show that he was not discharged and that he is eligible
for reenlistment. He further asked for reinstatement in the NYANG with
accompanying back pay and points for the length of time he was out of the NY ANG.
egation that his discharge and
was discharged from the NY
Our review does not suppo
denial of reenlistment were wro
ANG and denied reenlistment based on a series of minor infractions beginning in
1990 and extending through 1994. These acts included violating ANG instructions
on uniform wear, failing to go to work on time on numerous occasions, and other
acts of dereliction of duty. On four occasions,-as
out of uniform. The
record contains evidence of several failures to go to work on time, including three
occasions after he was recommended for reenlistment. On three occasions, he was
derelict in the performance of his duties.-
exercise. He also committed other minor infractions such as taking an
unauthorized coffee break, failing to use a sign out board to let others know his
whereabouts, and for failing to follow the chain of command concerning personal
matters. On most of these occasions,-
received nothing more than a
verbal counseling. However, he received a letter of admonition for failing to go to
left work early once during an
required M-16 twsining and a letter of reprimand for one incident of dereliction of
duty. All of these incidents concerned his military performance. We believe, when
taken together, they form a legally s a c i e n t basis for discharging-
for
unsuitability for further military service. We also note the New York Inspector
General’s office reviewed the discharge and denial of reenlistment o r . l l l l l )
and concluded he was afforded all due process required.
Assuming that the AFBCMR wants to grant-request,
it should
has been granted some relief. Among the
be informed that it appears-
records provided to this reviewer was a NGB Form 22a. That form, dated 14 Dec
NGB Form 22, Record of
95, purports to correct Block 26 0-original
Separation and Record of Service to read as “eligible.” The original NGB Form 22 is
lacking from the file, but we assume from a reading of this form that-
is
eligible to reenlist in the NYANG.
Questions skould be directed to MSgt Gowdy, ANGMPPUR, DSN 278-7500,
or E-mail: tgowdy&ngrc.ang.af.mil.
FOR THE COMMANDER
NILDA E. URRUTIA, Lt Col, USAF
Chief, Utilization
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