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AF | BCMR | CY2004 | BC-2003-00493
Original file (BC-2003-00493.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00493
            INDEX CODE:  110.03

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

Block 26 of National Guard Bureau (NGB) Form 22, National Guard Bureau
Report  of  Separation  and  Record  of  Service,  be   changed   from
“Ineligible” to “Eligible” to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was forced to retire early due to marital problems.  His  ex-spouse
is an officer in the South Carolina Air National Guard (SC ANG) and it
was easier to retire him than it would be for his ex-spouse.  He would
like to be able to continue to serve his country.

In support of his appeal, the applicant has provided copies of his NGB
Form 22, the order assigning him to the Retired Reserve, and  a  point
credit history.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began his military career on 26  June  1973.   He  served  a
total of 28 years, 5 months,  and  18  days  of  combined  active  and
Reserve  component  service.   He   was   honorably   discharged   and
transferred to the Retired Reserve on 14  December  2001.   He  was  a
technical sergeant (E-6) at the time of  discharge  and  eligible  for
Reserve retired pay at age 60.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states they contacted the SC ANG for
additional information  regarding  his  retirement  and  was  told  he
accepted retirement in lieu of  administrative  discharge  processing.
DPPI notes he was not sent a letter of notification (LON) as  required
by Air Force Instructions (AFI’s) when an  enlisted  member  is  being
considered for involuntary separation.   DPPI  indicates  the  SC  ANG
offered the early retirement option to the applicant prior to formally
initiating the administrative discharge action, and prior to  formally
offering the member the retirement option via an LON.

DPPI includes a Staff Judge Advocate (SJA) memorandum (attached)  that
provides a record of the circumstances and  information  available  to
the commander at the time of applicant’s retirement.  The decision  to
render an “Ineligible” (to reenlist) was based on the legal opinion of
the SJA  and  was  a  direct  result  of  the  available  evidence  of
applicant’s  past  performance.   Additionally,   in   order   to   be
transferred to the Retired Reserve, he had to apply for such via an AF
Form 131, Application for Transfer to the Retired Reserve.

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 November 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 an error  or  injustice  warranting  changes  to  the
applicant’s  reenlistment  eligibility.   We  took   notice   of   the
applicant's complete submission in judging the merits of the  case  to
include his assertion that he was forced to retire early  as  his  ex-
wife was also a member of the SC  ANG.  However,  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.  Other than his own assertions, the applicant has  provided
no evidence that would lead us to believe that  the  discharge  action
was erroneous, that he was not afforded all the rights to which he was
entitled, or that his leadership abused their discretionary authority.
 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-
2003-00493  in  Executive  Session  on  6  January  2004,  under   the
provisions of AFI 36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mr. James W. Russell, III, Member
      Mr. J. Dean Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 22 Jul 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 03.




                                   PEGGY E. GORDON
                                   Panel Chair

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