RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-01672
            INDEX CODE:  110.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded  to  an  honorable  discharge,  or  his
discharge be waived so that he can reenter the Hawaii National  Guard  or
Reserves.  He also requests that he retain his rank as senior airman.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He asked for a temporary break in service because his full-time  job  had
asked that they work as much as possible.  He states that  he  agreed  to
this because he and his family were experiencing financial hardships  and
on the verge of bankruptcy.  He contends that it was  then  that  he  was
told by his superiors that he could not ask  for  a  temporary  break  in
service, it would have to be either ”You’re in” or “You’re out”.  Then he
was advised to write a letter of request to be discharged  from  the  Air
National Guard due to financial hardships  and,  to  submit  this  letter
through the chain of command.  Applicant asked to  be  excused  from  any
duties or drills that were to follow due to his  situation.   He  states,
his superior also informed him to call in  on  the  Wednesday  or  Friday
preceding a drill to inform them that he would not be able to attend.  He
was led to believe that by following these instructions everything  would
be okay.

Applicant further states that he  feels  he  was  misled  and  wrongfully
discharged.   He  also  thinks  it  was  highly  unprofessional  for  his
superiors to give him a false sense of security regarding his status.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Hawaii National Guard on 24 July 1990,  in  the
grade airman basic for four years.

On 6 March 1992, applicant was promoted to the grade of senior airman.

The applicant missed twelve (12) UTA periods from 2 November 1996 through
9 March 1997.

On  13  March  1997,  the  applicant  was  notified  that  he  was  being
recommended for a general (under honorable conditions) discharge from the
Air National Guard under AFI 36-3209, Paragraph 3.13.2 for unsatisfactory
participation by the commander.

On 18 April 1997, applicant was demoted to  the  grade  of  airman  first
class.

On 6 June 1997, the applicant was discharged from the Hawaii Air National
Guard with a general (under honorable conditions) discharge under AFI 36-
3209, Paragraph 3.13.2, Unsatisfactory Participation.  He served 6 years,
10 months and 13 days total service.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Utilization, ANG/DPPU, reviewed  the  application  and  states
that after review of AFI 36-3209 (Separation  and  Retirement  Procedures
for Air National  Guard  and  Air  Force  Reserve  Members),  Chapter  3,
paragraph 3.13.2 (Unsatisfactory Participation) the  discharge  case  was
accomplished  properly.   The  applicant  acknowledged  receipt  of   the
discharge  action  on        23  March  1998,  electing  not  to   submit
statements on his behalf.  They state it is at this point where he  could
have disputed the type of discharge that  was  being  recommended.   They
further state that the applicant is currently ineligible to  reenter  the
Air National Guard only.  However, this does not bar him from  attempting
to enlist with any other branch of service.   Therefore,  they  recommend
denial of applicant’s request.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 October 1998, a complete copy  of  the  Air  Force  evaluation  was
forwarded to the applicant for review and response 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 timely filed.

3.    Insufficient relevant evidence has been  presented  to  demonstrate
the existence of probable error or injustice.  After thoroughly reviewing
the evidence of record and noting the applicant’s contentions, a majority
of the Board is not persuaded that applicant has been the  victim  of  an
error or injustice. Although the applicant contends  he  was  misled  and
wrongfully  discharged,  a  majority  of  the  Board  finds  insufficient
evidence to support this contention.  To the contrary, the applicant  was
advised that administrative discharge action was being initiated  against
him for  unsatisfactory  participation  and  he  elected  not  to  submit
statements  on  his  behalf.   Furthermore,  the  applicant  could   have
contested the discharge action before an administrative  discharge  board
but waived his right to do so.  While  the  applicant  is  ineligible  to
reenter the ANG, he is not barred from  attempting  to  enlist  with  any
other branch of service.  Therefore, in the absence of  evidence  to  the
contrary, a majority of the Board finds no compelling basis to  recommend
granting the relief sought in this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the panel finds insufficient evidence of error or injustice
and recommends the application be denied.
_________________________________________________________________

The following  members  of  the  Board  considered  this  application  in
Executive Session on 4 February 1999, under the  provisions  of  AFI  36-
2603:

            Mr. Douglas J. Heady, Panel Chair
            Mr. Gregory W. DenHerder, Member
            Mr. James R. Lonon, Member
            Ms. Phyllis L. Spence, Examiner (without vote)

By a majority vote, the Board recommended denial of the application.  Mr.
DenHerder voted to correct the  records  and  has  submitted  a  Minority
Report which  is  attached  at  Exhibit  E.   The  following  documentary
evidence was considered:


      Exhibit A.  DD Form 149, dated 6 Jun 98, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, ANG/DPPU, dated 21 Sep 98.
      Exhibit D.  Letter, AFBCMR, dated 12 Oct 98.
      Exhibit E.  Minority Report.




                                   DOUGLAS J. HEADY
                                   Panel Chair




AFBCMR 98-01672





MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD
                 FOR CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of APPLICANT

      I have carefully reviewed the evidence of record and the
recommendation of the Board members.  A majority found that applicant had
not provided substantial evidence of error or injustice and recommended
the case be denied.  I concur with that finding and their conclusion that
relief is not warranted.  Accordingly, I accept their recommendation that
the application be denied.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency



AFBCMR 98-01672

MEMORANDUM FOR DIRECTOR, AIR FORCE REVIEW BOARDS AGENCY, SAF/MIB

SUBJECT:  Minority Report on BCMR Case of APPLICANT

      I am not in agreement with the majority of the Correction Board on
the recommendation to deny upgrading the applicant’s general discharge to
honorable or waiving his discharge so that he can reenter the Hawaii
National Guard or Reserves.  I am also not in agreement with the majority
of the Board denying his request to retain his rank as senior airman.

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
                                                 CORRECTION OF MILITARY
RECORDS (AFBCMR)

SUBJECT:  APPLICANT

      I have carefully considered all the circumstances of this case,
including the rationale of the majority recommendation to deny.  However,
I agree with the minority member that the application should be granted.
The reasons cited in the Minority Report substantiate that the applicant
was in a “catch 22” situation, wherein he would lose his civilian job if
he did not stop participating in the ANG and would face
demotion/discharge action if he did not participate.

      In view of the foregoing and the reasons cited in the Minority
Report, I direct that the records be corrected as set forth in the
attached directive.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency





AFBCMR 98-01672




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that:

           a.  His demotion to the Reserve grade of airman first class on
18 April 1997 be, and hereby is, declared void.

           b.  On 6 June 1997, he was honorably discharged from the
Hawaii National Guard under the provisions of AFR 36-3208, Secretary
Authority, and issued a Separation Program Designator (SPD) code of “KFF”
and a Reenlistment Eligibility (RE) code of “Eligible”.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency