RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01426
INDEX CODE: 100.03, 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general discharge be upgraded to honorable, his reenlistment (RE)
code be changed to eligible, the reason for discharge be changed to
Convenience of the Government, he be given a pay grade and rank
increase from Senior Airman (SRA/E-4) to Staff Sergeant (SSgt/E-5),
and his discharge be backdated to 22 December 2000.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His civilian employer required a letter from his commander as proof
that he was attending Unit Training Assembly’s (UTA’s). The commander
refused insisting that the UTA calendar would suffice. Applicant
contends his brother-in-law was injured in a construction accident and
he felt bound to help his wife provide care for her brother as they
had two small children. Due to personal and financial problems, he
was compelled to ask his commander for a reassignment, which the
commander denied. He tried to reschedule his UTA attendance but was
finally forced to choose his civilian employment over his Air National
Guard (ANG) commitment as his civilian position paid more.
In support of his appeal, the applicant has provided a personal
statement, copies of correspondence between himself and his civilian
employer regarding verification of UTA attendance, several
certificates of achievement, and copies of discharge documents from
the US Navy and the ANG.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant contracted his enlistment in the ---- ANG (-- ANG) on 26
April 2000 as a Senior Airman. Applicant failed to attend 28
consecutive UTA periods from August 2000 through February 2001. Each
weekend of duty constitutes four UTA’s. Applicant’s commander
initiated discharge action against the applicant, in accordance with
Air Force Instruction (AFI) 36-3209, on 10 December 2000 for
Unsatisfactory Participation. The commander recommended the applicant
be discharged with a general, (Under Honorable Conditions) discharge.
The applicant acknowledged receipt of the discharge action on 10
February 2001. He noted his right to submit statements and consult
counsel but waived his right to both, as he wanted to expedite the
discharge process in order to enlist in the Navy Reserve. The
discharge was found legally sufficient on 29 March 2001 and the
applicant was duly discharged effective 15 April 2001 with 11 years, 1
month and 29 days of service.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI reviewed this application and recommended denial. They cite
AFI 36-3209, paragraph 3.13.2.1 where it states that ANG members may
be discharged for unsatisfactory participation when the member has
accumulated nine or more unexcused absences within a 12-month period.
They note that the -- ANG Judge Advocate concurred with the reason for
separation, the reenlistment eligibility, and characterization of
service.
ANG/DPPF’s complete evaluation, with attachments, is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air National Guard evaluation was forwarded to the
applicant on 8 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 timely filed.
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 his situation at the time and appreciate his
efforts to care for his family, there was simply no evidence presented
that justified granting the requested relief; 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-
2003-01426 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 11 May 03, w/atchs.
Exhibit B. Letter, ANG/DPPI, dated 24 Jul 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 8 Aug 03.
JOSEPH G. DIAMOND
Panel Chair
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