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AF | BCMR | CY2003 | BC-2002-03576
Original file (BC-2002-03576.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03576
            INDEX CODE:  110.03
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

She be reinstated onto active duty or into the Air National Guard (ANG).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She signed an agreement to be released from active duty and  enter  the  ANG
through the PALACE CHASE program.  She was told 2 1/2 years later  that  she
was discharged.  She feels that she has been discharged  without  cause  and
would like to fulfill her agreement either on active duty or in the ANG.

In support of her request, applicant provided a copy of  her  DD  Form  214,
Certificate of Release or Discharge from Active Duty; AF Form  100,  Request
and Authorization for Separation; and DD  Form  256AF,  Honorable  Discharge
certificate.  Her complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her initial enlistment in the Regular Air Force  on  26
Mar 91.  She was progressively promoted  to  the  grade  of  senior  airman,
having assumed that grade effective and with a date of rank of  26  Apr  94.
On 14 Aug 97, her application for an intradepartmental transfer to the  ----
ANG under the PALACE CHASE program was  approved  with  a  military  service
obligation (MSO) date of 18 Aug 02.  She was released from  active  duty  on
12 Nov 97.  Because the  applicant  never  enlisted  in  the  ANG,  she  was
transferred to  the  Inactive  Ready  Reserve  (IRR)  and  was  subsequently
discharged on 20 Jul 98.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPP defers their recommendation to the  ANG  and  AFPC  on  this  case.
DPPP states that when she was released under the PALACE  CHASE  Program  her
contract expiration date was 18 Aug 02; however,  she  never  fulfilled  the
contract.  On 20 Jul 98, a system-generated discharge  was  performed  based
on her expiration of term of service (ETS).  No PALACE CHASE  contract  code
or amended ETS was updated in the  personnel  data  system  to  prevent  the
discharge from taking place.  The DPP evaluation is at Exhibit C.

ANG/DPP recommends denial.   DPP  states  that  since  the  applicant  never
enlisted with the --- ANG or any other ANG unit she cannot  be  re-instated.
When the ANG contacted her, she indicated that affiliating with the ---  ANG
would not be practical since her current residency was in  ----  VA.   Since
she maintained a good  reenlistment  eligibility  (RE)  code  (1J),  it  was
recommended that she contact the --- ANG for enlistment.  If she  wishes  to
do, with a break in service, her application would be considered.   The  DPP
evaluation is at Exhibit D.

AFPC/DPPRSR recommends denial.  DPPRSR states that the PALACE CHASE  program
requires the member to sign a contract in which the member agrees  to  serve
two times whatever is currently owed to the Air  Force  in  an  Air  Reserve
Component unit.  Failure to report is cause for immediate recall  to  active
duty or transfer to  the  IRR  until  completion  of  the  Military  Service
Obligation.  She was transferred to the IRR for failure  to  report  to  her
gaining unit.  The DPPRSR evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  11
Apr 03 for review and comment within 30 days.  As of this date, this  office
has received no response.

_________________________________________________________________

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 opinions and recommendations of the Air Force  offices  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.
Evidence has not has not been presented which lead us to  believe  that  the
actions  taken  to  discharge  her  from  the  Air   Force   Reserves   were
inappropriate  or   not   in   compliance   with   established   directives.
Accordingly, in the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.  Notwithstanding the above, we  note  that  the  applicant  has
maintained a favorable RE code and therefore, is able to enlist in  the  ANG
if she so desires.

_________________________________________________________________

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-
03576 in Executive Session on 3 Jun 03, under  the  provisions  of  AFI  36-
2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. George Franklin, Member
      Mrs. Carolyn J. Watkins-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 20 Dec 02.
    Exhibit D.  Letter, ANG/DPP, dated 26 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 11 Apr 03.




                                   WAYNE R. GRACIE
                                   Panel Chair

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