RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 98-00627
INDEX CODE: 110.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be reinstated in the Air National Guard.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was denied reenlistment as a result of reprisal, with no avenue of
appeal (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
Available documentation reflects that the applicant, a former member
of the Air National Guard, was released from active duty on 31 Oct 96,
and retired, effective 1 Nov 96, in the grade of master sergeant. He
was credited with 23 years, 2 months, and 25 days of active duty
service.
A Department of Defense Inspector General (IG) Report, dated 4 Jun 96,
indicates that the applicant filed a reprisal complaint under 10 USC
1034, alleging that his Active Guard Reserve (AGR) tour was not
extended as a result of his contacts with an IG. However, the DOD IG
concluded that his allegation of reprisal was not substantiated
(Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Utilization, ANG/DPPU, reviewed this application and
recommended denial. According to DPPU, membership in the Air National
Guard is not an inherent right of any individual. It is a privilege
and confers upon the individual an obligation to serve in the active
military service in the event of mobilization or emergency, or at such
time as the national security may require. In DPPU’s view, the
applicant was treated fairly and equitably and received everything to
which he was entitled.
A complete copy of the DPPU evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 19
Oct 98 for review and response. As of this date, no response has been
received by this office (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. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. The applicant requests
that the Board invoke the provisions of 10 USC 1034 (Whistleblower
Protection Act) while processing his application. He alleges that he
was denied reenlistment as a result of reprisal. However, a DOD IG
investigation has concluded that the applicant’s allegation of
reprisal was not substantiated. No evidence has been presented which
would lead us to believe that the findings of the DOD IG were
erroneous. In view of the above, and in the absence of evidence to
the contrary, we find no compelling basis to recommend granting the
relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that 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 this application in
Executive Session on 2 Sep 99, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Dr. Gerald B. Kauvar, Member
Mr. Joseph A. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated.
Exhibit B. Applicant's Master Personnel Records and
Exhibit C. DOD IG Report, dated 4 Jun 96 (withdrawn).
Exhibit D. Letter, ANG/DPPU, dated 24 Sep 98.
Exhibit E. Letter, SAF/MIBR, dated 19 Oct 98.
TERRY A. YONKERS
Panel Chair
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