RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01031
INDEX CODE: 100.06
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility code (RE) code be changed to one that
would allow him to enter the Special Forces.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He left the service because of family illness and he can provide
information on his mother’s heart condition.
His appeal is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered the --- Air National Guard (-- ANG) on 9 April 1996.
He reached the grade of Senior Airman (SRA/E-4) but was demoted to
Airman 1st Class (A1C/E-3) on 28 November 2001. On 19 December 2001,
the applicant was recommended for discharge in accordance with Air
Force Instruction (AFI) 36-3209 (Unsatisfactory Participation). He
waived all rights to submit statements or consult counsel. His
general (Under Honorable Conditions) discharge was found legally
sufficient on 13 January 2002. He was provided a general (Under
Honorable Conditions) discharge from the -- ANG effective 15 February
2002. He had served for five years, seven months, and seven days at
the time of discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI states the applicant had accumulated
nine unexcused absences from Unit Training Assembly’s (UTA’s). AFI 36-
3209 states members may be discharged when the member has accumulated
nine or more unexcused absences with a 12-month period. They note the
applicant was given the opportunity to respond to various letters of
notification and failed to do so. The reenlistment eligibility given
by the -- ANG was appropriate for the conditions under which it was
given.
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 5 September 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. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice warranting a change in his 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 Special Forces 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 at the time of his
discharge, on 15 February 2002, he was issued a reenlistment
eligibility of “Eligible.”
______________________________________________________________
The following members of the Board considered this application in
Executive Session on 22 October 2003, under the provisions of AFI 36-
2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Carolyn B. Willis, Member
Mr. James W. Russell, III, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Mar 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPPI, dated 22 Aug 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 5 Sep 03.
Michael K. Gallogly
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
AFBCMR BC-2003-01031
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 at the time of
his discharge, on 15 February 2002, he was issued a reenlistment
eligibility of "Eligible".
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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