RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-03163
                       INDEX CODE:  110.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His National Guard Bureau (NGB) Form  22,  Report  of  Separation  and
Record of Service be corrected to reflect the following:

      a.  Item 4 be changed from 1989 to 1981.

      b.  Item 23 be changed from pattern  of  misconduct  to  Removal
from State.

      c.  Item 24 be changed from General Under  Honorable  Conditions
to Honorable.

      d.  Item 25 be changed from None to NGB Form 438.

      e.  Item 26 be changed from Ineligible to Eligible.

_________________________________________________________________

APPLICANT CONTENDS THAT:

It was unjust for him to be  discharged  after  serving  for  18  good
years, without having any incidents of this category.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Puerto Rico Air National Guard  as  an
Aerospace Ground Equipment Mechanic in 1981.

On 15 November 1998, the applicant's commander  notified  him  of  his
intent to recommend discharge action against  him  for  a  pattern  of
misconduct.  The reasons for the discharge action were:

      a.  In September 1998 he was arrested for  driving  under  the
influence of alcohol, which  resulted  in  the  applicant’s  driving
privileges being suspended for the duration  of  his  assignment,  a
Letter of Reprimand (LOR), and demotion to staff sergeant (SSGT).

      b.  The applicant received an LOR  on  8  September  1998  for
disobeying an order to remain within the limits of Little  Rock  AFB
for the duration of his assignment.

      c.  The applicant misused the American Express Government card
by making unauthorized purchases.

      d.  The applicant abused his  privileges  under  the  American
Express Government card by failing to pay the balance  in  a  timely
manner, which resulted in his card privileges being suspended.

The commander advised  applicant  of  his  right  to  consult  legal
counsel and that military legal counsel had been obtained  for  him;
and to submit statements in his own behalf; present his case  to  an
Administrative Discharge Board; or  waive  the  above  rights  after
consulting with counsel.

The applicant acknowledged receipt of  the  Letter  of  Notification
(LON) on 15 November 1998, but failed to make an election of rights.
 As indicated in the Letter of Notification (LON),  the  applicant’s
failure to respond to the LON constituted a waiver of all rights  in
the administrative discharge process to include the right to a board
hearing.

A legal review was conducted on 18 July  1999  in  which  the  staff
judge advocate recommended the administrative discharge be approved.

On 3 November 1999, the discharge authority approved the discharge.

On 25 October 1999, applicant was discharged from the  Air  National
Guard of Puerto Rico and as a Reserve of the Air Force in the  grade
of staff sergeant  with  an  under  honorable  conditions  (general)
discharge, in accordance with AFI 36-3209 for Misconduct.   His  NGB
22 reflected he was  ineligible  for  reenlistment.   He  served  18
years, 8 months and 20 days of total service for retired pay.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFP states the  applicant  was  administratively  discharged  for
“misconduct” in accordance with Air Force policy.  In comparing
item 4 with item 10(e) of the  applicant’s  NGB  Form  22,  one  might
conclude  that  there  is  an  error  with  the  applicant’s  date  of
enlistment.  However, item 10(e) is consistent with the applicant’s AF
Form 526, ANG/USAFR Point Credit Summary.  Based  on  the  information
and evidence provided they recommend the requested  relief  be  denied
(Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
24 January 2003, for  review  and  response.   As  of  this  date,  no
response has been 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 of timely file.

3.     Insufficient  relevant  evidence   has   been   presented   to
demonstrate the existence of error or injustice to warrant  upgrading
the  applicant’s  discharge  and  issuing  a  discharge  certificate,
changing the narrative reason for discharge, and  lastly,  to  change
the  date  of  enlistment  on  his  NBG  Form  22.   The  applicant’s
contentions are duly noted, however, after thoroughly  reviewing  the
evidence of record, no documentation has  been  presented  which  has
shown  to  our  satisfaction  that  the  applicant’s  separation  was
contrary to the prevailing directive.  In  this  respect,  the  Board
noted that the applicant had  several  incidents  of  misconduct,  to
include driving while intoxicated  at  the  time  he  was  undergoing
training and then violating  the  conditions  which  allowed  him  to
remain in training.  Additionally, he apparently abused  the  use  of
his government credit card.   Further,  although  he  was  given  the
option to present his case to an administrative discharge  board,  he
failed to respond.   With  respect  to  the  request  to  change  his
enlistment date on the NGB Form 22 in question, it appears  that  the
form accurately reflects the date he enlisted during this  enlistment
period.  The form was not intended to reflect his  entire  period  of
service.  Therefore, based upon the evidence of record,  we  find  no
basis  upon  which  to  favorably  consider  this  portion   of   the
applicant’s request.

4.    Sufficient relevant evidence has been presented to  demonstrate
the existence of probable error or injustice to
warrant changing his enlistment  eligibility.   After  reviewing  the
letters submitted in support of his  application,  we  are  persuaded
that he has overcome the behavior which caused his discharge from the
Air National Guard.  While we certainly do not condone  the  behavior
that led to his under honorable conditions discharge, it  appears  he
has taken full responsibility for his actions.  We note his  over  17
years of honorable service and his desire  to  continue  his  career.
Therefore, we believe he should be given the opportunity to reenlist.
 Therefore, we recommend his records be corrected as indicated below.

5.    The applicant's case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that his NGBForm 22,  Report
of  Separation  and  Record  of  Service,  be  amended   in   Item   26
(Reenlistment   Eligibility)   to   read   “Eligible,”   rather    than
“Ineligible.”

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number 02-
03163 in Executive Session on 25 February 2003 under the provisions of
AFI 36-2603:

                       Mr. Gregory Petkoff, Panel Chair
                       Mr. Billy C. Baxter, Member
                       Ms. Dorothy P. Loeb

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 Sep 02, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, HQ ANG/DPFP, dated 16 Dec 02.
      Exhibit D. Letter, SAF/MRBR, dated 24 Jan 03.




                             GREGORY PETKOFF
                             Panel Chair






AFBCMR 02-03163
INDEX CODE:  131.00


MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered  the  recommendation  of  the  Air
Force Board for Correction for Military Records and under the authority
of Section 1552, Title 10, United States Code  (70A  Stat  116)  it  is
directed that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, SSN, be corrected to show that his NGB Form  22,
Report of Separation and Record of  Service,  be  amended  in  Item  26
(Reenlistment   Eligibility)   to   read   “Eligible,”   rather    than
“Ineligible.”




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency