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AF | BCMR | CY2002 | BC-2002-02977
Original file (BC-2002-02977.doc) Auto-classification: Denied



                       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

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