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AF | BCMR | CY2003 | BC-2003-01050
Original file (BC-2003-01050.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01050
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His administrative separation for Pattern of Misconduct be changed  to
administrative separation for Non-Participation.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told, at separation, by his commanding officer (CO) to  reapply
to the Air Force Reserve (AFRES).  He had experienced grave  financial
problems  that  led  him  to  a  decision   between   rent   and   the
transportation needed to get  him  to  his  Unit  Training  Assemblies
(UTA’s).  He was just inside  the  commuting  distance  required  that
would allow him lodging while at UTA.  He realizes he  made  some  bad
decisions but three years have gone by and he feels he has learned his
lesson.  He would like the narrative reason for his discharge  changed
to allow him to enter the AFRES.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's discharge package was missing, however  the  records  show
that he was discharged from the New Jersey Air National Guard (NJ ANG)
effective 1 October 1999.  He was discharged  with  a  General,  Under
Honorable Conditions discharge for a Pattern of Misconduct.
_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.   DPPI  states  that  while  no  discharge
record is  available  at  this  time  there  is  sufficient  evidence,
including a statement from the NJ ANG Executive Staff Support  Officer
(ESSO),  which  supports  the  type  of  discharge  received  by   the
applicant.  DPPI states that though the appearance  may  be  that  the
applicant was discharged for  non-participation  only,  the  statement
from the NJ ANG ESSO asserts the applicant failed to attend UTA’s in a
satisfactory manner and adds that he did not progress in  his  upgrade
training; he had problems with his government travel  card  and  often
failed to communicate his whereabouts to his chain of  command  making
it sometimes impossible to contact him.  The ESSO adds  the  applicant
never officially out-processed from the NJ  ANG  and  still  possesses
equipment that belongs to the government.   DPPI  states  a  discharge
order was provided  as  evidence  the  member  was  separated  with  a
“General, Under Honorable Conditions”  discharge  which  suggests  the
unit completed an administrative separation action which  required  an
approved Judge Advocate discharge package.

DPPI’s complete evaluation, with attachment, 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 31 October 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.  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 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.  The comments of the Air Executive Officer  for
the NJ ANG indicate that a pattern of misconduct  indeed  existed,  in
conjunction with his unsatisfactory participation,  which  appears  to
justify the type of discharge he received.  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-
2003-01050 in  Executive  Session  on  10  December  2003,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Kathleen F. Graham, Member
      Mr. J. Dean Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Mar 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 6 Oct 03, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Oct 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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