RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02990
            INDEX CODE:  100.02

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general (Under Honorable  Conditions)  discharge  be  upgraded  to
honorable and  that  his  reenlistment  eligibility  be  changed  from
“Ineligible” to “Eligible.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

In December 1996, as a  member  of  the  Wyoming  Air  National  Guard
(WYANG), he had tried to transfer from WYANG to the  459th  Air  Force
Reserve at Andrews AFB in  Maryland.   His  unit  commander  signed  a
conditional release but his squadron commander  refused  to  sign  the
final out-processing form and give him his  records.   He  called  his
unit every day until February 1997 when he left for his new assignment
in Maryland.  After approximately four months of calling  his  Wyoming
unit while at Andrews AFB, he received his discharge papers  from  the
WYANG.  He contends he has been trying to contact the  unit  over  the
years by calling them approximately every two months  or  so  but  can
find no one who will talk with him.  He contends that  race  may  have
played a role in his and another black male’s attempts to transfer out
of the WYANG.  He contends his unit blamed retention  issues  for  not
allowing him to transfer, but he notes that several airmen transferred
before and after he left.  He wants to continue his military career.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, a copy of his National Guard Bureau (NGB) Form  22,  Report
of Separation and Record of Service, and a copy of his application  to
the Discharge Review Board (DRB).

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began his military career on 14 August 1991.  The  applicant
received an Article 15 for Misconduct on 7 August 1995 while  still  a
member of the Air Force Reserve.  On 21 August 1995,  he  enlisted  in
the WYANG as a senior airman  (SRA/E-4).   He  was  counseled  several
times for financial irresponsibility and was given numerous chances to
reconcile his financial standing prior to his  discharge.   On  1  May
1997, he was discharged from the WYANG with a  general  discharge  and
was listed as ineligible to reenlist.  He had served for  5  years,  8
months and 18 days and was serving in the grade of SRA at the time  of
his discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPP recommends denial.  DPP  contends  the  discharge  proceedings
were conducted in accordance with prescribed directives and  found  to
be legally sufficient by the State Judge Advocate.

ANG/DPP’s complete evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is writing to contest the  information  given  by  the  WYANG.   He
states that on 7 August 1995, he was a member  of  the  Army  National
Guard and not the Air Force  Reserve.   He  did  experience  financial
problems in October and November 1996.  He had a  personal  check  for
$27 returned and was removed from flight status  until  the  debt  had
been paid.  He paid it and returned to flight status.   He  states  if
there were more financial irresponsibility then what he  mentioned  in
this correspondence he would like to see the  evidence.   He  contends
there were no  other  financial  problems.   He  states  most  of  the
problems he experienced in 1996 were due to  a  relationship  break-up
and that while a break-up doesn’t make his actions  right,  he  didn’t
see the break-up coming and it was a little rough on  him.   He  asked
for a transfer to Andrews AFB on 12  December  1996  where  he  had  a
fulltime job waiting for him.   He  states  there  were  a  couple  of
officers who were angry with him for leaving the unit  before  he  had
given them enough time to equal what it cost the unit to send  him  to
flight engineer school.  While waiting for a decision from the  WYANG,
he gave up his home and lived in a hotel for a month on F.  E.  Warren
AFB.  He called the unit many times before he was  discharged  but  no
one would talk to him.  He has a witness to the times he  called.   He
is also angry that he applied for the transfer in  December  1996  and
heard nothing from the unit until March 1997 causing him to lose three
months of pay.  He has worked very hard to accomplish what he has  and
wants nothing more than to finish serving his time.

Applicant’s response is at Exhibit E.

_________________________________________________________________

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 an error or injustice in regard to his  request  that
his general discharge be upgraded  to  honorable.   After  a  thorough
review of the documentation provided in support of his appeal and  the
evidence of record, it is our opinion  that  given  the  circumstances
surrounding his separation from the WYANG, the discharge  assigned  to
the applicant was  proper  and  in  compliance  with  the  appropriate
directives.  Applicant has not provided any evidence, which would lead
us to believe otherwise.  Therefore,  in  the  absence  of  persuasive
evidence to the contrary, we find no compelling basis to  upgrade  the
discharge.

4.  Notwithstanding the aforementioned, we note the applicant’s  WYANG
commander signed a conditional release when the applicant appeared  to
procure an Air Force Reserve position with a  unit  in  Maryland  that
indicated his desire to continue serving.   Additionally,  it  appears
that had the applicant not been discharged by the WYANG, the  unit  in
Maryland would have accepted him into  a  position  they  had  already
offered him with a conditional release from the  WYANG.   We  feel  he
should have the chance to be considered for reenlistment.  Whether  or
not he is successful will depend on the  needs  of  the  ANG  and  our
recommendation in no way guarantees that he will be allowed to  return
to any branch of the service.   Accordingly,  we  recommend  that  his
records be corrected to the extent indicated below.

5.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that on 1 May 1997, he  was
discharged with a reenlistment eligibility of “Eligible.”
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 27 April 2004, under the provisions  of  AFI  36-
2603:

                 Mr. James E. Short, Panel Chair
                 Ms. Deborah A. Erickson, Member
                 Ms. Martha A.  Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPP, dated 5 Mar 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.
    Exhibit E.  Letter, Applicant, dated 16 Mar 04.




                                   JAMES E. SHORT
                                   Panel Chair




AFBCMR BC-2003-02990




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that on 1 May 1997,
he was discharged with a reenlistment eligibility of “Eligible.”





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency