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AF | BCMR | CY2003 | BC-2003-01011
Original file (BC-2003-01011.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01011
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her  general  (under  honorable  conditions)  discharge   be   upgraded   to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While serving on active duty she was offered  a  position  with  the  United
States Marshals Service.  She accepted and  was  honorably  discharged  from
active duty and enlisted in  the  Rhode  Island  Air  National  Guard.   Her
duties as a Deputy United States Marshal caused her to  miss  several  drill
weekends.  This eventually resulted in her general  discharge.   As  a  full
time deputy, she placed her law enforcement career as a  priority  over  her
weekend drill duties in the Guard.  She felt her duties  to  the  Department
of Justice should take precedence over her weekend drills due to the  nature
of her mission.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted her initial enlistment in the Regular Air  Force  on  9
Sep 85.  She was progressively promoted to the  grade  of  sergeant,  having
assumed that grade effective and with a date of rank of 9  Sep  88.   On  22
Oct 90, she was released from active duty for  miscellaneous  reasons.   She
subsequently joined the Rhode Island Air National Guard on 3 Nov 90 and  was
discharged on 2 May 93, for unsatisfactory participation.  She was issued  a
general discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states that the applicant admits  that  it
was her absences  from  unit  training  assemblies  (UTAs)  that  eventually
resulted in her general discharge.   She  offers  only  the  fact  that  she
placed her civilian job as a Marshal as her priority as her  basis  for  her
request.  She was discharged for Unsatisfactory Participation in  accordance
with AFI 36-3209.  Paragraph 3.1.2.1. states members may be discharged  when
the member has accumulated nine or more  unexcused  absences  within  a  12-
month period.

The DPPI evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  8  Aug
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 timely filed.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  We see no evidence of  an  error  in  this
case and after a thorough review of  the  evidence  of  record,  we  do  not
believe she has been the victim of an injustice.  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.   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-2003-
01011 in Executive Session on 17 Sep 03, under the  provisions  of  AFI  36-
2603:

      Mr. Albert F. Lowas, Jr., Panel Chair
      Ms. Dorothy P. Loeb, Member
      Mr. Michael Maglio, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 23 Jul 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Aug 03.




                                   ALBERT F. LOWAS, JR.
                                   Panel Chair

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