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AF | BCMR | CY2003 | BC-2002-03982
Original file (BC-2002-03982.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03982
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general, under honorable  conditions,  discharge  be  upgraded  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His discharge was improper because it was based on him not  completing
technical training school.  He would like to reenter the  military  to
pursue a career in security police.

In support of his appeal, the applicant has provided  a  copy  of  his
discharge certificate, discharge order, and his NGB Form 22,  National
Guard Bureau Report of Separation and Record of Service.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Rhode Island Air National Guard (RI ANG)
on 26 January 1999 as an Airman First Class (A1C/E-3).   He  completed
Basic Military Training (BMT) and was scheduled for technical training
school on 13 January 2000.

On 17 February 2000, the applicant received notification that  he  was
being recommended for discharge due to his refusal to attend technical
school.  He received a general, under honorable conditions,  discharge
under the provisions of AFI 36-3209, Failure to Complete Inactive Duty
Training (IADT) – Tech School.  He acknowledged  his  right  to  legal
counsel but did not exercise it.  He had served a total of 1  year,  8
months and 20 days and was serving in the grade of A1C at the time  of
discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI notes that the applicant submitted a
letter of resignation requesting a  discharge  from  the  RI  ANG  for
several reasons including his not wanting to serve  in  the  military.
DPPI states that the applicant was well aware of  the  requirement  to
attend technical school and was also aware of the consequences of  not
meeting that requirement.

ANG/DPPI’s complete evaluation, with discharge documentation attached,
is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
18 April 2003 for review and comment within 30 days.  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 timely filed.

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 are of the opinion that no evidence has been presented  to
show that the applicant’s was in error or unjust.  Therefore, we agree
with the opinion and recommendation of the Air National  Guard  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 AFBCMR Docket Number BC-
2002-03982 in Executive Session on 5 June 2003, under  the  provisions
of AFI 36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Ms. Kathleen F. Graham, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Dec 02, w/atchs.
    Exhibit B.  Letter, ANG/DPPI, dated 7 Apr 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Apr 03




                                   ROBERT S. BOYD
                                   Panel Chair

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