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AF | BCMR | CY2003 | BC-2002-03004
Original file (BC-2002-03004.doc) Auto-classification: Denied



                       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 CONTENDS THAT:

He relocated to be closer to his terminally ill father and  found  the
trip to his unit to attend Unit Training Assembly’s (UTA’s) too far to
drive.  He tried to get permission from his unit to transfer to an Air
National Guard (ANG) unit in Jackson, MS  that  would  enable  him  to
continue his ANG career.

He contends that the type of discharge  he  received  was  unfair  and
that, because of his exemplary service  prior  to  his  discharge,  it
should be upgraded.

His submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Arkansas Air National Guard
(AR ANG) on 5 December 1992.  He attained the rank  of  Senior  Airman
(SRA/E-4).

Beginning in May 1994, he accumulated up to 20 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.  Applicant was demoted
to A1C with an effective and date of rank of        25 October 1994.

He continued to miss UTA’s and subsequently was  warned  of  impending
discharge  action  several  times  by  return  receipt  letter.    His
commander, notified  him  on  15  October  1994,  that  he  was  being
recommended for discharge with a General, Under Honorable  Conditions,
discharge and transferal to the Individual Ready reserve (IRR).

On 3 December 1994, applicant was discharged under the auspices of AFI
36-3209,  Unsatisfactory  Participation  (missed   UTA's).    He   had
completed 2 years, 5 months and 27 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 note  that  while  the  applicant
alleges that he tried to transfer to the Mississippi ANG in  order  to
continue to serve, DPFP’s findings were contrary  to  the  applicant’s
assertions.  DPFP notes also that based on the discharge  record  from
the AR ANG, the applicant amassed over 20 unexcused absences during  a
four-month period.  AFI 36-3209 allows this type of  discharge  action
when the member accumulates 9 or more unexcused absences within a  12-
month period.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
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 an  upgrade  of  the
applicant’s discharge.  We took notice  of  the  applicant's  complete
submission  in  judging  the  merits  of  the  case  to  include   his
declaration of extreme family 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.  Other than his own assertions, the applicant has  provided
no evidence which would  lead  us  to  believe  that  the  information
contained in the discharge case file is erroneous,  that  he  was  not
afforded all the  rights  to  which  he  was  entitled,  or  that  his
commanders abused their discretionary authority.   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-
2002-03004 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 9 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter,HQ ANG/DPFP, dated 22 Jan 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Mar 2003.




                                   JOHN L. ROBUCK
                                   Panel Chair

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