RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-02977
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
“Ineligible to reenlist” be removed from his record and that his pay
grade be returned to E-4 (Senior Airman).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He began experiencing tremendous stress as he was facing an impending
layoff (yet increased work hours), keeping up with college classes he
was taking to prepare for the layoff, and finally, driving over three
hours one way to visit his father who had recently been diagnosed with
cancer, as much as he could. He contends that he requested verbally,
and in writing, to be transferred to the Individual Ready Reserve
(IRR) temporarily until he could make it through a very difficult
time.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant contracted his enlistment in the Washington Air National
Guard (WA ANG) on 18 November 1998. He had over 15 years of combined
active and reserve component prior service at the time of his
enlistment in the WA ANG. He attained the rank of Senior Airman
(SRA/E-4).
By 25 July 1999, he accumulated 16 unexcused absences by not attending
Unit Training Assembly’s (UTA’s). Applicant was warned of an
impending demotion in grade from SRA to Airman First Class (A1C/E-3)
as a result of his non-participation. A demotion was eventually
executed rendering an effective and date of rank of 6 October 1999.
He continued to miss UTA’s and was subsequently warned of impending
discharge action several times by return receipt letter. His
commander notified him on 28 July 1999, that he was being recommended
for discharge with a General, Under Honorable Conditions, discharge
and transferal to the Individual Ready reserve (IRR).
On 25 December 1999, applicant was discharged under the auspices of
AFI 36-3209, Unsatisfactory Participation (missed UTAs). He had
completed 1 year, 1 month and 8 days of service and was serving in the
grade of A1C at the time of discharge
_________________________________________________________________
AIR FORCE EVALUATION:
HQ ANG/DPFP recommends denial. They state that the applicant’s
recollection of his status and actions do not correlate with
information from Washington State, as his chain of command has
indicated that they were unaware of any personal hardships being
experienced by the applicant. DPFP does note however, that the
applicant did apply for resignation on 11 June 1999 but had already
accumulated 8 unexcused UTA absences. Efforts to contact the
applicant were unsuccessful as the applicant neglected to inform his
unit of his change of address. DPFP notes that by 24 July 1999, the
applicant had amassed 16 unexcused absences.
DPFP refers to ANGI 36-3209 that allows discharge for members who have
accumulated up to 9 unexcused absences over a 12-month period. They
note also that his ineligibility to reenlist could be waived by
another component.
DPFP's evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air National Guard evaluation was forwarded to the
applicant on 21 March 2003 for review and comment within 30 days. As
of this date, there has been no response 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 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 an error or injustice warranting changes to the
applicant’s eligibility to reenlist or restoration of his former rank.
We took notice of the applicant's complete submission in judging the
merits of the case to include his declaration of extreme familial
hardship; however, we agree with the opinion and recommendation of the
Air National Guard office of primary responsibility and adopt their
rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. While the Board noted the
applicant's assertion that he requested verbally, and in writing, to
be temporarily transferred to the Individual Ready Reserve, we are
unable to find any documentation to support his contention.
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 BC-
2002-02977 in Executive Session on 20 May 2003, under the provisions
of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. Billy C. Baxter, Member
Mr. Kenneth Dumm, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Sep 02, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ ANG/DPFP, dated 28 Feb 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Mar 2003.
JOHN L. ROBUCK
Panel Chair
AF | BCMR | CY2003 | BC-2002-02977
Applicant was warned of an impending demotion in grade from SRA to Airman First Class (A1C/E-3) as a result of his non-participation. _________________________________________________________________ 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...
AF | BCMR | CY2003 | BC-2002-03004
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03004 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general, under other than honorable conditions, discharge be upgraded to honorable. Applicant was demoted to A1C with an effective and date of rank of 25 October 1994. DPFP notes also that based on the discharge record...
AF | BCMR | CY2004 | BC-2004-00926
He was recommended for discharge for non-participation. In accordance with Air National Guard Instruction (ANGI) 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, “…members may be discharged when the member has accumulated nine or more unexcused absences from UTA within a 12-month period.” The discharge proceedings were conducted in accordance with prescribed directives and the State’s Staff Judge Advocate found the discharge legally...
AF | BCMR | CY2003 | BC-2002-03037
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03037 INDEX CODE: COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Under Other Than Honorable Conditions (UOTHC), discharge be upgraded to honorable. As a result, on 23 May 1982, a review panel made up of members from the HQ --- National Guard reviewed the applicant’s case and recommended he be...
AF | BCMR | CY2003 | BC-2003-01031
He was provided a general (Under Honorable Conditions) discharge from the -- ANG effective 15 February 2002. Therefore, we recommend the applicant's records be corrected to the extent indicated below. Michael K. Gallogly Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office Of The Assistant Secretary AFBCMR BC-2003-01031 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...
AF | BCMR | CY2003 | BC-2002-03346
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03346 INDEX CODE: 110.02, 100.06 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general (under honorable conditions) discharge be changed to honorable and his reenlistment eligibility (RE) code be changed from ineligible to eligible. On 16 July 2001, the applicant's commander notified him that he...
AF | BCMR | CY2003 | BC-2003-00003
In support of his appeal, the applicant has provided a letter to the Board. He received a general, under honorable conditions, discharge from the MS ANG for non-participation on 30 October 1993 after 1 year, 9 months and 21 days of service. _________________________________________________________________ AIR FORCE EVALUATION: ANG/DPPI reviewed this application and recommended denial.
AF | BCMR | CY2006 | BC-2004-03628
He notes he had served with the Regular Air Force for a year and three months prior to serving with the Air National Guard (ANG). _________________________________________________________________ STATEMENT OF FACTS: The applicant, a former member of the Louisiana Air National Guard (LAANG) began his military career in the Regular Air Force on 20 April 1984. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the...
AF | BCMR | CY2003 | BC-2003-01426
The commander recommended the applicant be discharged with a general, (Under Honorable Conditions) discharge. We took notice of the applicant's complete submission in judging the merits of the case and while we sympathize with his situation at the time and appreciate his efforts to care for his family, there was simply no evidence presented that justified granting the requested relief; subsequently, we agree with the opinion and recommendation of the Air National Guard office of primary...
AF | BCMR | CY2003 | BC-2002-03451
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03451 INDEX CODE: 102.07 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The 14 months time in grade as an E-4 that he accrued in the Army be applied towards his date of rank (DOR) in the Air National Guard (ANG). He enlisted as an Airman First Class (A1C/E-3) with a date of rank of 2 February 2001 and...