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AF | BCMR | CY2004 | BC-2003-03719
Original file (BC-2003-03719.doc) Auto-classification: Denied





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03719
            INDEX CODE:  100.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

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:

His record of service was clean until about the last six months of his
enlistment.  He had requested to be relieved of duty early as he lived
120 miles one-way from his unit.  He received his discharge  paperwork
about six months after leaving the unit and now  realizes  he  made  a
mistake.  He has since made several efforts to  contact  personnel  at
his old unit and gets no answer and no  one  returns  his  calls.   He
would like the chance to make his wrongs right again  by  being  given
the ability to reenlist in the Air National Guard (ANG) of  Washington
(WAANG).

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant,  a  former  member  of  the  Oregon  ANG  (ORANG),  was
discharged on 16 July 2001 for unsatisfactory participation.   He  had
served a total of eight years, four months, and five days  of  Reserve
and active service.  He was discharged as a Staff Sergeant  (SSgt/E-5)
with a general (Under Honorable Conditions) discharge.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI cites Air Force Instruction (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.
Additionally, DPPI notes AFI 36-3209 allows a general (Under Honorable
Conditions) discharge when a member’s


service has been honest and faithful, but significant negative aspects
of conduct or performance outweigh positive aspects  of  the  member’s
military record.

DPPI’s complete evaluation, with attachment, 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 19 March 2004 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;
however, we agree with the  opinion  and  recommendation  of  the  Air
National Guard  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-
2003-03719 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 25 Oct 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 5 Mar 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.




                                   JAMES E. SHORT
                                   Panel Chair

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