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AF | BCMR | CY2003 | BC-2003-01325
Original file (BC-2003-01325.doc) Auto-classification: Denied




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01325
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (Under  Honorable  Conditions)  discharge  be  changed  to
honorable.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He notified his supervisor that he needed a leave of absence  to  deal
with being homeless and needing to find full time  employment  and  he
received his supervisor’s permission and  blessing.   He  states  that
three months later he received an  informal  discharge  document  that
stated “General (under honorable conditions).”  The discharge needs to
be changed, as he believed himself to be in good standing.   He  would
like to be able to reenlist in the ---- Air National Guard (-- ANG) to
help protect our country  and  reap  educational  benefits  the  state
offers.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in the --  ANG  on  4 November
1987 after voluntarily leaving the Regular Air Force under the  Palace
Chase program.  He enlisted in the -- ANG as a Senior  Airman  (SRA/E-
4).  On 14 September 1988, applicant was  notified  by  his  commander
that he was being recommended for discharge  in  accordance  with  ANG
Regulation (ANGR) 39-10, Unsatisfactory Participation.  The  applicant
was involuntarily discharged, effective 1 February 1989, after serving
three years, four months, and twenty-six days of combined  active  and
reserve service.
_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states  that,  while  the  applicant
contends he had an approved leave of absence, the -- ANG  argues  that
if the applicant did have an excused absence, it would not  have  been
approved for an indefinite period.  DPPI notes that the applicant made
no attempt to return to duty at any time to fulfill his  Palace  Chase
enlistment contract and, in fact, attended no Unit Training Assemblies
(UTA’s) from June 1988 until his involuntary discharge on  1  February
1989.  ANGR 39-10 authorizes the involuntary separation of ANG members
who accumulate nine or  more  unexcused  absences  within  a  12-month
period.

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 15 August 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  and
while we sympathize with the applicant’s situation at the time,  there
is simply no evidence presented that effectively disputes that of  the
Air National Guard office of primary responsibility; subsequently,  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-
2003-01325 in Executive  Session  on  16  September  2003,  under  the
provisions of AFI 36-2603:

      Mr. Joseph G. Diamond, Panel Chair
      Mr. Charlie E. Williams, Jr., Member
      Mr. Christopher Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Apr 03.
    Exhibit B.  Letter, ANG/DPPI, dated 5 Aug 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 15 Aug 03.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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