RECORD OF PROCEEDINGS


         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03346
            INDEX CODE:  110.02, 100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (under  honorable  conditions)  discharge  be  changed  to
honorable and his reenlistment eligibility (RE) code be  changed  from
ineligible to eligible.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He traveled home to visit his active duty Navy wife, who had  returned
from a deployment.  Although he  requested  permission  to  be  absent
while  visiting  his  wife  in  California,  he  was  discharged   for
unsatisfactory participation.

In support of his request, applicant provided a copy of his  NGB  Form
22, National Guard Bureau Report of Separation and Record  of  Service
and two copies of his DD Form 214, Certificate of Release or Discharge
from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air National Guard as an airman basic on
2 July 1998 for a term of 6 years.  He was credited with ten years  of
satisfactory military service.

On 16 July 2001, the applicant's commander notified him  that  he  was
being discharged  from  the  Air  National  Guard  for  unsatisfactory
participation.  The basis for the action was unexcused  absences  from
the Unit Training Assemblies (UTA).  The package was reviewed  by  the
deputy staff judge advocate and found  to  be  legally  sufficient  to
support the discharge.  The discharge  authority  approved  a  general
discharge, under the provisions of AFI 36-3209, Section  3,  Paragraph
3.13.2.  Applicant was discharged on 31 October 2001.

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AIR FORCE EVALUATION:

ANG/DPFP recommends denial.  The  applicant  accumulated  twelve  (12)
unexcused absences within a 4-month period.  In accordance with AFI 36-
3209 paragraph 3.12.2.1, members may be discharged when the member has
accumulated nine or more unexcused absences within a 12-month  period.
The applicant received notification through certified  return  receipt
letters, advising him of actions that would be taken against  him  for
not attending UTAs.  The request for discharge was found to be legally
sufficient by the state staff judge advocate, who concurred  with  the
reason for separation, RE Code and characterization of service.

The ANG/DPFP evaluation, with attachments is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the discharge given to him by the  Air  National
Guard was unjust.  While assigned to the Kansas Air National Guard  he
served faithfully and honorably, without any problems, which  included
no problems with missing  drills.   He  was  deployed  in  support  of
Operations Northern Watch and served  in  Kosovo  in  1999.   He  also
honorably served during operations in Istres,  France  in  support  of
Kosovo operations.  In early 2001, after returning from  a  deployment
overseas, his wife requested that he help her  relocate  to  her  next
duty station, which was in California.  He notified his  unit  of  his
intentions to assist his wife with her  permanent  change  of  station
move, and was given permission to do so.  After encountering  problems
with his wife’s move, he informed his unit, was given excused absences
and told to make up the drill periods  that  were  missed.   Upon  his
return to Kansas, the applicant informed his unit that he was  willing
to make up the drill, but was told not to bother,  that  he  had  been
discharged from the unit.  The applicant  declared  that  he  did  not
receive any paperwork informing him of  his  commander’s  decision  to
discharge him.  He states that people living at his purported home  of
record, signed for letters and stated they left them on the table, and
eventually threw the letters away when cleaning the home.  He  desires
to return to a Reserve component to finish his military career  in  an
honorable manner, while giving distinguished service to the unit  that
he is assigned.

The applicant’s complete submission, with attachments, is  at  Exhibit
E.

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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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of  an  error  or  injustice  to  warrant  changing  his
discharge   and   his   reenlistment   eligibility.    After   careful
consideration of the available evidence, we found no  indication  that
the actions taken to effect his discharge were improper or contrary to
the provisions of the governing regulations in effect at the time,  or
that the actions taken against the applicant were unjust.   Therefore,
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.  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 Docket  Number  BC-2002-
03346 in Executive Session on 9 April 2003, under  the  provisions  of
AFI 36-2603:

                 Mr. Michael K. Gallogly, Panel Chair
                 Mr. Billy C. Baxter, Member
                 Ms. Martha Maust, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 10 Oct 02 w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, ANG/DPFP, dated 5 Feb 03 w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 14 Feb 03.
      Exhibit E. Letter, Applicant, 10 Mar 03 w/atchs.



      MICHAEL K. GALLOGLY
      Panel Chair