ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03163
INDEX CODE: 100.00
APPLICANT COUNSEL: None
SSN HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s appeal for reconsideration, he requests his National
Guard Bureau (NGB) Form 22, Report of Separation, be corrected to reflect
he was honorably discharged.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Puerto Rico Air National Guard on 6 February
1981.
On 25 September 2002, the applicant submitted an application to have his
NGB Form 22 corrected to reflect the following changes:
a. His date of enlistment from 1989 to 1981.
b. His reason for discharge changed from misconduct to Removal
from State.
c. His discharge be upgraded to honorable.
d. Item 25 on the NGB Form 22 be changed from “None” to “NGB
Form 438.”
e. Item 26 be changed from “Ineligible to Eligible.”
The Board considered and partially granted the applicant’s request on 25
February 2003. For an accounting of the facts and circumstances
surrounding the applicant's separation, and, the rationale of the earlier
decision by the Board, see the Record of Proceedings at Exhibit E.
Mr. O., in a letter dated 21 April 2003 (Exhibit F), requested on behalf of
the applicant that his discharge be upgraded from general to honorable.
The Board forwarded the applicant a letter on 23 May 2003, advising him
that he had not provided information regarding his activities since leaving
the service and if he
provided such information it would be forwarded to the Board for possible
reconsideration (Exhibit G).
On 16 June 2003, the applicant submitted a request for reconsideration
based on his post-service activities. The applicant’s request with
attachments is attached at Exhibit H.
Pursuant to the Board’s request, the Federal Bureau of investigation,
Washington, D.C., indicated on the basis of the data furnished they were
unable to locate an arrest record (Exhibit I).
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice warranting an upgrade of the applicant’s
discharge. As noted in our previous decision we do not condone the
behavior which led to the applicant’s discharge. However, on the basis of
the documentation submitted with this appeal indicating the applicant’s
apparent successful transition to civilian life and his desire to continue
his military career in the Reserves, coupled with the fact that he
possesses critical career field skills apparently needed in the Air Force
Reserves, we believe that it would be an injustice for him to continue to
suffer the effects of the discharge. Therefore, we recommend that his
discharge be upgraded to honorable.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 25 October 1999, he honorably was
discharged under the provisions of AFI 36-3209 from the Puerto Rico Air
National Guard and as a Reserve of the Air Force.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2002-
03163 in Executive Session on 29 July 2003, under the provisions of AFI 36-
2603:
Mr. Gregory Petkoff, Panel Chair
Ms. Dorothy P. Loeb, Member
Ms. Jean A. Reynolds, Member
All members voted to correct the records as recommended. The following
documentary evidence was considered:
Exhibit E. Record of Proceedings, dated 4 Apr 03, w/atchs.
Exhibit F. Letter, Mr. J. O., dated 21 Apr 03.
Exhibit G. Letter, AFBCMR, dated 23 May 03, w/atchs.
Exhibit H. Applicant’s Response, dated 16 Jun 03, w/atchs.
Exhibit I. FBI Report.
GREGORY PETKOFF
Panel Chair
AFBCMR BC-2002-03163
INDEX CODE: 110.00
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 on 25 October 1999,
he was honorably discharged under the provisions of AFI 36-3209 from the
Puerto Rico Air National Guard and as a Reserve of the Air Force.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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