RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00326
INDEX CODE: 100.03
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Under Other Than Honorable Conditions (UOTHC) discharge be changed
to a general discharge and his reenlistment code of ‘Ineligible’ be
changed to ‘Eligible’.
_________________________________________________________________
APPLICANT CONTENDS THAT:
There were errors and/or injustices present in the area of
reenlistment because of the conditions at the time that the situation
occurred.
In support of his application, the applicant has provided a copy of
his DD Form 214, a copy of a National Guard Bureau (NGB) Form 22,
three letters of reference, a letter from the applicant and a package
from the Florida Air National Guard (FA ANG) to NGB requesting an
enlistment waiver, and the subsequent denial of the enlistment waiver
from NGB to the applicant.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 7 October 1981. After
2 years, 11 months, and 22 days of active service, the applicant
volunteered for Air National Guard (ANG) service under the Palace
Chase program. He enlisted in the Georgia ANG (GA ANG) on 9 September
1984 at the grade of Airman First Class (A1C/E-3).
He was discharged from the GA ANG for non-participation on 25 December
1988 after 4 years, 2 months and 27 days of service. His character of
service was Under Other Than Honorable Conditions (UOTHC) and his
reenlistment eligibility was recorded as “Ineligible.”
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI states that the applicant was
discharged in accordance with Air National Guard Regulation (ANGR) 39-
10 which states that members may be discharged when they have
accumulated nine or more unexcused absences within a 12-month period.
The Staff Judge Advocate found the UOTHC discharge legally sufficient.
DPPI’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air National Guard evaluation was forwarded to the
applicant on 11 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 not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting a change in his
discharge and reenlisment eligibility. The Board noted that the
applicant’s records do not contain any evidence of misconduct, only
that, he accumulated nine unexcused absences from Unit Training
Assemblies (UTAs) that may have been attributed to a serious family
illness. The applicant has expressed a desire to enlist into the
Florida Air National Guard and we believe he should be given the
opportunity to apply for enlistment. Whether or not he is successful
will depend on the needs of the service and our recommendation in no
way guarantees that he will be allowed to return to any branch of the
service. Therefore, we recommend the applicant's records be corrected
to the extent indicated below.
______________________________________________________________
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 December 1988,
he was discharged with service characterized as general (under
honorable conditions), and with a reenlistment eligibility of
“Eligible.”
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 5 August 2003, under the provisions of AFI 36-
2603:
Mr. Vaughn E. Schlunz, Panel Chair
Ms. Jean A. Reynolds, Member
Mr. Mike Novel, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jan 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPPI, dated 13 Mar 03, w/atchs.
Exhibit D. Letter, SAF/MIBR, dated 11 Apr 03.
Vaughn E. Schlunz
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2003-00326
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of 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, be corrected to show that on 25 December
1988, he was discharged with service characterized as general (under
honorable conditions), and with a reenlistment eligibility of
“Eligible.”
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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