RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01288
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His general, under honorable conditions, discharge be upgraded to
honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
As a second term airman with the Tennessee Air National Guard (TN
ANG), he found himself faced with mandatory overtime requirements at
his fulltime civilian job at a local factory. He was missing Unit
Training Assemblies (UTA’s) because of his job and was being
threatened by his civilian employer with implied termination if he
kept missing work because of his military obligation. He asked the
unit for assistance but they stated they could not help unless he was
actually fired from his civilian job. He decided to choose his
civilian employment over his military obligations and was separated
with a general discharge for unsatisfactory participation. He states
he did not know the difference between a general and honorable
discharge until he looked for better employment and competed for
promotion when the type of discharge affected both. For the
betterment of himself and his family, he would like the Board to
change his discharge status.
In support of his appeal, the applicant has provided a personal
statement.
His complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged from the TN ANG for unsatisfactory
participation on 31 May 1997 after serving seven years, nine months,
and six days of combined Reserve component and Regular Air Force
service. He was serving in the grade of senior airman (E-4) at the
time of discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI states in accordance with Air Force
Instruction (AFI) 36-3209, members may be discharged when the member
has accumulated nine or more unexcused absences within a 12-month
period. He received a General (Under Honorable Conditions) discharge
in accordance with AFI 36-3209, attachment two that states “… if a
member’s service has been honest and faithful, but significant aspects
of conduct or performance of duty outweigh positive aspects of the
member’s military record. DPPI states the characterization of service
was appropriate in this case.
DPPI’s complete evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force 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 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 civilian employment
predicament at the time, there is simply no evidence presented that
effectively disputes the comments of the Air National Guard;
subsequently, we agree with their opinion and recommendation 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-
2003-01288 in Executive Session on 3 February 2004, under the
provisions of AFI 36-2603:
Ms. Charlene Bradley, Panel Chair
Ms. Brenda L. Romine, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Apr 03, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPPI, dated 7 Aug 03, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 15 Nov 03.
CHARLENE BRADLEY
Panel Chair
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