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.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was too ill to attend meetings  (Unit  Training  Assembly’s/UTA’s),
and that he notified his superiors that he was ill.  Therefore he  was
unjustifiably put out of the Reserves for lack of participation.

In support of his appeal, applicant has provided a personal statement,
copies of medical and medical insurance documentation, a National
Guard Bureau (NGB) Form 22, Report of Separation and Record of
Service, and a DD Form 214, Report of Separation from Active Duty.

His complete submission, including attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the --- Air National Guard  (--
ANG) on 12 November 1979.  He had over nine years prior service in the
Navy, Navy Reserve and ANG.  He had attained the grade of Airman First
Class (A1C/E-3) and entered the ANG at that grade.

Applicant did not attend UTA’s or required  Annual  Training  for  his
entire enlistment period in the ANG.  He was demoted to  Airman  Basic
(AB) effective and with a date of rank of 30 December 1980 due to non-
participation.

On 16 September 1981, applicant’s commander initiated discharge action
against  him  under  the  auspices  of  AFI  36-3209,   Unsatisfactory
Participation.  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 separated with a tentative  characterization  of
service,  under  other  than   honorable   conditions,   and   he   be
involuntarily transferred to the Individual Ready  Reserve  (IRR).   A
subsequent  legal  review  of  the  recommendation  found  it  legally
sufficient.  Applicant was separated for non-participation  on  3 June
1982 with an  UOTHC  discharge.   He  was  discharged  as  an  AB  and
involuntarily transferred to the IRR.

Examiner’s Note: Applicant withdrew his case from consideration on  20
May 2003,  to  gather  additional  supporting  documentation.   On  16
October 2003, his case was reopened at his request.

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AIR FORCE EVALUATION:

HQ ANG/DPPI recommends denial.  DPPI notes in accordance with AFI  36-
3209, members may be discharged when the member has  accumulated  nine
or more unexcused absences within a 12-month  period.   The  applicant
had accrued 120  unexcused  UTA  absences  and  two  unexcused  Annual
Training absences, 2-16 August 1980 and 8-22 August 1981.  DPPI  feels
that  the  discharge  was  conducted  in  accordance  with  prescribed
directives.

DPPI’s evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant has provided additional evidence in the form of a letter
from his psychiatrist  that  concludes  the  applicant  suffered  from
Dysthymic Disorder and Major Depression with Psychotic Features.   His
psychiatrist claims the applicant  had  been  under  psychiatric  care
since 1981.  He also states the applicant has  slowly  made  progress,
completed an undergraduate degree program, and is currently not  under
active treatment.  The applicant states his  illness’s’  effected  his
judgment and rationale in his  daily  functioning  and,  coupled  with
other problems, was the source of what eventually lead  to  his  UOTHC
discharge.  Since he served “honorably” prior to this  period  and  in
light of his health problems at the time, he respectfully requests his
discharge be upgraded.

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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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
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 he has provided  a  statement  from  his
attending physician from  18 November  1987  through  6  January  1996
indicating that he may have  suffered  from  "Dysthmic  Disorder"  and
"Major  Depression"  as  early  as  1981,  he  has  not  provided  any
documentation from either a civilian or military doctor to explain the
reasons for his accumulated 120 UTA absences and his unexcused absence
from two required Annual Training events before 1981,  the  basis  for
his discharge.  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-
2002-03037  in  Executive  Session  on  29  October  2003,  under  the
provisions of AFI 36-2603:

      Ms. Marilyn Thomas, Panel Chair
      Ms. Cheryl Jacobson, Member
      Mr. Albert F. Lowas, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ANG/DPPI , dated 6 Mar 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 03.
    Exhibit E.  Letter, Applicant, dated 1 Oct 03, w/atch.




                                   MARILYN THOMAS
                                   Panel Chair