RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-04052
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His discharge be changed so that he can reenter the Reserves.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was having problems with his mental health, but has not had any
problems since 1998. He has been a teacher for five years and has
been Teacher of the Month several times. He ran the Olympic torch in
Oklahoma City. The reason for his discharge is no longer a problem.
Applicant's complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 October 1991, the applicant enlisted in the Oklahoma Air National
Guard (ANG) and Air Force Reserve for a period of six years. He was
credited with approximately two years, five months and eight days of
prior Air Force Reserve service.
On 4 October 1994, the applicant was honorably discharged from the
Oklahoma ANG and Air Force Reserve under the provisions of ANGR 39-10,
Paragraph 2-6B(2) (Not Eligible for Worldwide Deployment). He
completed five years, five months and eight days of service for pay
purposes.
On 18 December 1995, applicant submitted an application to the Board
requesting that his discharge due to medical disqualification be
changed to a service-connected disability. On 4 December 1997, the
Board considered applicant’s request and found sufficient evidence of
an error or injustice to warrant the applicant’s physical evaluation
through the Air Force Disability System to determine his medical
condition as of 4 October 1994. A copy of the Record of Proceedings
is at Exhibit C.
On 25 February 1999, the Board considered the findings and
recommendations of the Air Force Disability System and denied the
applicant’s request that his records be changed to show that he
received a medical discharge with either medical retirement or at
least a disability rating. A copy of the Addendum to Record of
Proceedings is at Exhibit D.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI states that ANG Regulation 39-10, Administrative Separation
of Airmen, paragraph 2b states, “A member who is not
qualified/eligible for worldwide deployment will be separated. The
appropriate commander will initiate action under this authority upon
determination that such condition exist.” Applicant was discharged in
accordance with (IAW) governing directive with a Character of Service
of “Honorable” and Reenlistment Eligibility of “Ineligible”.
Applicant did not present any medical documentation to warrant
substantiating his request for correction to his military record nor
did he show proof that an error or injustice occurred. Therefore,
they recommend denial of applicant’s request.
A complete copy of the evaluation, with attachments, is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 July 2004, a copy of the Air Force evaluation was forwarded to
the applicant for review and response 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;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for the 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 this application in
Executive Session on 30 September 2004, under the provisions of AFI 36-
2603:
Mr. Edward H. Parker, Panel Chair
Ms. Deborah A. Erickson, Member
Ms. Janet I. Hassan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Dec 03.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Record of Proceedings, dated 1 May 1998.
Exhibit D. Addendum to Record of Proceedings, dated 10 Mar
00.
Exhibit E. Letter, ANG/DPPI, dated 26 Jul 04, w/atchs.
Exhibit F. Letter, SAF/MRBR, dated 30 Jul 04.
EDWARD H. PARKER
Panel Chair
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