RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  96-03288
                 INDEX CODE:  135

                 COUNSEL:  ROBERT S. THOMPSON

                 HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to reflect active participation as  a  Reserve
officer from 11 June 1994 through his Mandatory Separation Date  (MSD)
of 17 January 1999, to include back pay and retirements points.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Without the benefit of an Administrative Discharge Board hearing or  a
Court-Martial, he was involuntarily  discharged  from  the  Texas  Air
National Guard on 11 June 1994.  Applicant states he had not submitted
an application for termination or resignation, nor was he disabled  at
the time.  He was not informed that his actions were under review  nor
was he provided the opportunity to discuss any of the issues with  his
commander or anyone in his chain of command.

In support of  his  application,  applicant  submits  a  time-line  of
events, computation of losses, separation  documents,  letter  to  the
Governor  of  Texas,  a  letter  in  response  to  his  Memorandum  of
Reprimand, and a copy of the Memorandum of Reprimand.

Applicant’s submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant was appointed a second lieutenant in the Reserve of the  Air
Force on 18 December 1970 and ordered to extended active  duty  on  19
May 1971 for an indefinite period.

He was subsequently appointed a first lieutenant in  the  Regular  Air
Force on 20 September 1977.  Applicant tendered his  resignation  from
the Regular Air Force which was effective 5 October 1980.

Applicant was appointed a captain in the Reserve of the Air  Force  on
6 October 1980.

Available  documentation  reflects  that  the  applicant  subsequently
entered the Texas Air National Guard on 8 November 1980.

On 23 January 1992, the applicant was  notified  by  Headquarters  Air
Reserve Personnel Center (HQ ARPC) that he had completed the  required
years of service, under the provisions of Title 10 USC, Section  1331,
and that he would be entitled to retired pay upon application  at  age
60.  The records reflected that the applicant had accrued 4706  points
for retired pay.  Applicant indicated that by signing a statement,  on
22 May 1992, it constitutes his agreement with  retirement  points  as
stated.

Available records reflect that the applicant received a Memorandum  of
Reprimand, dated 10 June 1994, from the Commander, Headquarters  Texas
Air National Guard.   The  memorandum  stated  that  he  was  formally
reprimanded for his conduct in connection with the use and maintenance
of the unofficial squadron journal known as  the  “Hog  Log  V.”   The
Commander’s  determination  was  based  upon  inquiries  conducted  by
Colonel P--- of the command, which indicated that  the  applicant  had
knowledge of the existence and contents of  that  journal.   Applicant
submitted a response, undated, to the Letter of Reprimand.

Applicant was subsequently relieved  from  assignment  with  the  182d
Fighter Squadron, honorably discharged from  the  Texas  Air  National
Guard effective  10  June  1994  and  transferred,  in  the  grade  of
lieutenant colonel, to the U. S. Air Force Reserve effective  11  June
1994 and assigned to Headquarters Air  Reserve  Personnel  Center  (HQ
ARPC).  Applicant had 22 years, 11 months and 21  days  total  service
for pay.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Special Actions & Personal Affairs,  ANG/DPPU  states  that
the applicant was involuntarily separated from the Texas Air  National
Guard and was not given the benefit of an administrative hearing prior
to  separation.   At  that  time,  it  had  been   a   long   standing
interpretation of the law and regulations that  the  Adjutant  General
(the discharge authority) had plenary authority to discharge  officers
from the Texas National  Guard;  that  interpretation  was  determined
incorrect   soon   after   the   applicant’s   discharge.     Awarding
participation points, back pay and allowances will  aid  in  resolving
the error or injustice suffered by the discharge from  the  Texas  Air
National Guard.

ANG/DPPU recommends relief.  They recommend the applicant’s records be
changed to show constructive participation as a  Reserve  Officer  for
the period of time following separation from the  Texas  Air  National
Guard through the Mandatory Separation Date.  The applicant would have
earned 570 points for the period of 11 June 1994  through  17  January
1999, based on the yearly average participation level of 125 points.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant’s
counsel on 23 October 1998.  Counsel  responded  and  stated  that  he
reviewed the recommendation and concurs with  the  recommendations  as
stated.

Counsel’s response is attached at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing  law
or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice to warrant relief.   After  a
thorough review of the evidence of record and applicant’s  submission,
we are persuaded that the applicant’s records should be  corrected  to
reflect constructive participation as a Reserve Officer for the period
of time following his separation from the  Texas  Air  National  Guard
(ANG) through his MSD.  It  appears  that  prior  to  the  applicant’s
involuntary separation from the  Texas  ANG,  he  was  not  given  the
benefit of  an  administrative  hearing.   It  was  assumed  that  the
discharge authority had plenary authority to discharge  officers  from
the Texas ANG; however,  that  interpretation  was  determined  to  be
incorrect after the applicant’s discharge.  Both the  State  of  Texas
and  the  ANG/MPPU  agree  that  the  applicant  should   be   awarded
participation points, back pay and allowances to resolve the error  or
injustice suffered by the applicant’s discharge from  the  Texas  ANG.
We therefore agree with the recommendation of the Air  National  Guard
that the applicant has suffered either an error or  an  injustice  and
recommend his records be corrected to the extent indicated below.

_______________________________________________________________________
_____________________

THE BOARD RECOMMENDS THAT:

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

      a.  The Special Order ANG-A  106  TX,  dated  5  June  1994,  be
changed to read:  He is relieved from assignment with the 182d Fighter
Squadron (L71CFTMS), Texas Air National Guard (TXANG), Kelly Air Force
Base, Texas and honorably  discharged  from  the  TXANG  effective  14
January 1999, and transferred in grade to the USAFR  and  assigned  to
Headquarters Air Reserve  Personnel  Center  (HQ  ARPC)  effective  15
January 1999.

      b.  The Reserve Order RO HB-000256, dated 24  October  1995,  be
rescinded.

      c.  The  Reserve  Order  EK-0601,  dated  3  November  1998,  be
rescinded and a new order issued to read:  He is relieved from HQ ARPC-
NARS-A and placed on the USAFR Retired List effective 16 January 1999.


      d.  He was credited with an additional 16 paid Active Duty  (AD)
points, 28 paid Inactive Duty Training (IDT) points and 15  membership
points  during  the  retirement/retention  year  6  October  1993   to
5 October 1994, resulting in 32 AD points, 100 IDT points for a  total
of 147 points, 92 retirement points and that the period 6 October 1993
to 5 October 1994 is  a  year  of  satisfactory  Federal  service  for
retirement.

      e.  He was credited with 49 paid AD points, 83 paid  IDT  points
and 15  membership  points  during  the  retirement/retention  year  6
October 1994 to 5 October 1995, resulting in  49  AD  points,  83  IDT
points for a total of 147 points, 109 retirement points and  that  the
period 6 October 1994 to 5 October 1995  is  a  year  of  satisfactory
Federal service for retirement.

      f.  He was credited with 49 paid AD points, 83 paid  IDT  points
and 15  membership  points  during  the  retirement/retention  year  6
October 1995 to 5 October 1996, resulting in  49  AD  points,  83  IDT
points for a total of 147 points, 124 retirement points and  that  the
period 6 October 1995 to 5 October 1996  is  a  year  of  satisfactory
Federal service for retirement.

      g.  He was credited with 49 paid AD points, 83 paid  IDT  points
and 15  membership  points  during  the  retirement/retention  year  6
October 1996 to 5 October 1997, resulting in  49  AD  points,  83  IDT
points for a total of 147 points, 124 retirement points and  that  the
period 6 October 1996 to 5 October 1997  is  a  year  of  satisfactory
Federal service for retirement.

      h.  He was credited with 49 paid AD points, 83 paid  IDT  points
and 15  membership  points  during  the  retirement/retention  year  6
October 1997 to 5 October 1998, resulting in  49  AD  points,  83  IDT
points for a total of 147 points, 124 retirement points and  that  the
period 6 October 1997 to 5 October 1998  is  a  year  of  satisfactory
Federal service for retirement.

      i.  He was credited with 12 paid AD points, 21 paid  IDT  points
and 4 membership points during the retirement/retention year 6 October
1998 to 15 January 1999, resulting in 12 AD points, 21 IDT points  and
4 membership points for a total of 37 retirement points and  that  the
period 6 October  1998  to  15 January  1999  is  a  partial  year  of
satisfactory Federal service.

      j.  He applied for, and was transferred to the  Retired  Reserve
Section effective 16 January 1999, by reason of  having  completed  20
years towards retirement for pay at age 60 under United  States  Code,
Title 10, Section 12731

_______________________________________________________________________
_____________________

The following members of the  Board  considered  this  application  in
Executive Session on 21 January 1999, under the provisions of AFI  36-
2603:

                  Mr. Michael P. Higgins, Panel Chair
                  Dr. Gerald B. Kauvar, Member
              Ms. Dorothy P. Loeb, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 20 Nov 97, w/atchs.
   Exhibit B.  Applicant's Microfiche Records.
   Exhibit C.  Letter, ANG/MPPU, dated 21 Oct 98.
   Exhibit D.  Letter, AFBCMR, dated 23 Oct 98.
   Exhibit E.  Counsel’s Letter, dated 17 Nov 98.




                                   DOROTHY P. LOEB
                                   Acting Panel Chair

INDEX CODE:  135

AFBCMR 96-03288




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.  The Special Order ANG-A 106 TX, dated 5 June 1994, be
changed to read:  He is relieved from assignment with the 182d Fighter
Squadron (L71CFTMS), Texas Air National Guard (TXANG), Kelly Air Force
Base, Texas and honorably discharged from the TXANG effective 14
January 1999, and transferred in grade to the USAFR and assigned to
Headquarters Air Reserve Personnel Center (HQ ARPC) effective 15
January 1999.

            b.  The Reserve Order RO HB-000256, dated 24 October 1995,
be, and hereby is, rescinded.

            c.  The Reserve Order EK-0601, dated 3 November 1998, be,
and hereby is, rescinded and a new order issued to read:  He is
relieved from HQ ARPC-NARS-A and placed on the USAFR Retired List
effective 16 January 1999.

            d.  He was credited with an additional 16 paid Active Duty
(AD) points, 28 paid Inactive Duty Training (IDT) points and 15
membership points during the retirement/retention year 6 October 1993
to 5 October 1994, resulting in 32 AD points, 100 IDT points for a
total of 147 points, 92 retirement points and that the period 6
October 1993 to 5 October 1994 is a year of satisfactory Federal
service for retirement.

            e.  He was credited with 49 paid AD points, 83 paid IDT
points and 15 membership points during the retirement/retention year 6
October 1994 to 5 October 1995, resulting in 49 AD points, 83 IDT
points for a total of 147 points, 109 retirement points and that the
period 6 October 1994 to 5 October 1995 is a year of satisfactory
Federal service for retirement.

            f.  He was credited with 49 paid AD points, 83 paid IDT
points and 15 membership points during the retirement/retention year 6
October 1995 to 5 October 1996, resulting in 49 AD points, 83 IDT
points for a total of 147 points, 124 retirement points and that the
period 6 October 1995 to 5 October 1996 is a year of satisfactory
Federal service for retirement.

            g.  He was credited with 49 paid AD points, 83 paid IDT
points and 15 membership points during the retirement/retention year 6
October 1996 to 5 October 1997, resulting in 49 AD points, 83 IDT
points for a total of 147 points, 124 retirement points and that the
period 6 October 1996 to 5 October 1997 is a year of satisfactory
Federal service for retirement.

            h.  He was credited with 49 paid AD points, 83 paid IDT
points and 15 membership points during the retirement/retention year 6
October 1997 to 5 October 1998, resulting in 49 AD points, 83 IDT
points for a total of 147 points, 124 retirement points and that the
period 6 October 1997 to 5 October 1998 is a year of satisfactory
Federal service for retirement.

            i.  He was credited with 12 paid AD points, 21 paid IDT
points and 4 membership points during the retirement/retention year 6
October 1998 to 15 January 1999, resulting in 12 AD points, 21 IDT
points and 4 membership points for a total of 37 retirement points and
that the period 6 October 1998 to 15 January 1999 is a partial year of
satisfactory Federal service.

            j.  He applied for, and was transferred to the Retired
Reserve Section effective 16 January 1999, by reason of having
completed 20 years towards retirement for pay at age 60 under United
States Code, Title 10, Section 12731.








   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency