RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-00815
INDEX CODE: 131.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His former rank of sergeant (E-4) be reinstated.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The reason for the reduction in rank was the result of eight months of
sporadic nonparticipation with the Air National Guard in 1989 through
1990. The circumstances surrounding his non-participation developed
from a series of personal hardships following his discharge from
active duty and transition to the civilian workforce and the Air Force
Reserve. They included his civilian job, marital problems and
childcare difficulties.
He is now in the Army Reserve as a private (E-1). He has a stable job
and his marriage is strong. Since his four years of active duty were
honorable, restoration to his former rank is the only fair
conciliation to his continued service.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Records provided by the applicant indicate that he enlisted in the
Regular Air Force on 2 Aug 84, for a period of four years, in the
grade of airman basic (E-1). On 1 Mar 88, he was honorably discharged
and transferred to the Reserve of the Air Force in the grade of senior
airman (SrA/E-4).
On 23 May 88, he enlisted in the Air National Guard, for a period of
six years in the grade of senior airman. He was demoted from the
grade of airman to the grade of airman basic (AB/E-1), for
unsatisfactory participation, with an effective date and date of rank
of 9 July 1989. An ANG/USAFR Point Credit Summary, prepared 30 Apr
90, reflects that during retirement/retention (R/R) year 2 Mar 88 to 1
Mar 89, the applicant was credited with 18 active duty training (ADT)
points, 20 inactive duty training (IDT) points, 15 membership points,
resulting in a satisfactory year of service. During R/R year 2 Mar 89
to 1 Mar 90, he was credited with 4 (IDT) points and 15 membership
points resulting in an unsatisfactory year of service.
On 14 Jun 1990, he was discharged from the Air National Guard and
transferred to the Air Force Reserve under the provisions of ANGR 39-
10, for unsatisfactory participation, and was issued an under
honorable conditions discharge. At the time of discharge, he was
credited with 6 years, 6 months and 10 days of total service for pay.
He was honorably discharged from the Air Force Reserve on 22 May 1994.
He is currently enlisted in the Army National Guard in the grade of
private (E-1).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ANG/DPFP reviewed this application and recommended denial.
Applicant enlisted in the Air National Guard and was demoted to the
grade of airman basic (E-1); he was subsequently discharged for
unsatisfactory participation and transferred to HQ ARPC on
14 June 1990. Upon his enlistment in the Guard, he was given
information regarding his requirements to attend unit training
assemblies (UTAs) and that failure to do so could result in demotion
and separation. He failed to attend UTAs and was demoted and
discharged.
A complete copy of the evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
21 Jun 02 for review and comment within 30 days. As of this date, no
response has been received by this office (Exhibit C).
_________________________________________________________________
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 error or injustice. The discharge appears to be in
compliance with the governing AFI and we find no
evidence has been submitted to indicate that his rank at the time of
his separation from the Air Force was inappropriate. The applicant
was given information regarding his participation requirements and
that failure to do so could result in demotion and separation. We
find no evidence of error in this case and after thoroughly reviewing
the documentation that has been submitted in support of applicant's
appeal, we do not believe he has suffered from an injustice.
Therefore, 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 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 AFBCMR Docket Number 02-
00815 in Executive Session on 13 November 2002, under the provisions
of AFI 36-2603:
Mr. Edward H. Parker, Panel Chair
Mr. Mike Novel, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 02, w/atchs.
Exhibit B. Letter, ANG/DPFP, dated 5 Jun 02.
Exhibit C. Letter, AFBCMR, dated 21 Jun 02.
EDWARD H. PARKER
Panel Chair
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