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AF | BCMR | CY2004 | BC-2003-04132
Original file (BC-2003-04132.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04198
            INDEX CODE:  110.02

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The reenlistment eligibility of “Not Eligible” on his  National  Guard
Bureau (NGB) Form 22, Report of Separation and Record of  Service,  be
changed to “Eligible” so he may enlist with the US Coast Guard.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As a member of the Massachusetts Air National Guard (MAANG) he  missed
two Unit Training Assemblies (UTA’s) due to his frustration  with  not
being cross-trained from  an  administrative  position  to  a  Weapons
Systems Security  Flight  (WSSF)  position.   He  met  with  his  base
commander to explain his absences and ask  for  a  position  with  the
WSSF.  His commander informed him the unit had no WSSF  vacancies  but
offered him a photography position contingent on  him  making  up  his
missed UTA’s.  He agreed to make up the UTA’s but upon learning  there
were no WSSF positions he told his commander he was only interested in
being in the WSSF.  His commander then recommended he accept an  early
separation with a general, under honorable conditions  discharge.   He
accepted the discharge but did not know he would be unable to reenlist
in the future.   In  fact,  he  states  he  never  saw  the  discharge
document.

He states he applied  for  and  was  granted  an  honorable  discharge
instead of the general discharge and he now would  like  to  have  his
reenlistment eligibility changed to “Eligible.”  He  realizes  now  he
made a grave mistake in the past and attributes his poor  decision  to
being an immature 20-year-old.  He has worked for the past 15 years as
a correctional officer and is approaching retirement.   His  plan  for
his future includes enlisting in the Coast Guard now and working  with
their Port Security team.   He  plans  on  applying  for  active  duty
positions with them when he retires from his corrections job.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, and copies of his DD Form 214, his NGB  Form  22,  and  his
honorable discharge certificate.

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

STATEMENT OF FACTS:

The applicant enlisted in the MAANG on 25 June 1986.  On 8 July  1988,
he was discharged from the MAANG for non-participation.  He had served
for two years  and  fourteen  days.   He  received  a  general,  under
honorable conditions, discharge  and  a  reenlistment  eligibility  of
“Ineligible”.  He was serving in the grade of airman (E2) at the  time
of his discharge.  In 1994, applicant applied for and  received  a  DD
Form  214  and  an  Honorable  Discharge  certificate  from  ARPC  for
completion of his obligated service.
_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI notes the  applicant  openly  admits
his decision to accept an early discharge in 1988 rather  than  cross-
train into another career field.  In accordance with  the  established
regulations of the time, he was discharged as a result of accumulating
nine or more unexcused absences within a 12-month period.  DPPI states
the discharge and service characterization were  appropriate  for  the
conditions.

DPPI’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
17 September 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 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
appreciate his desire to serve; however, we agree with the opinion and
recommendation of the Air Force 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.   In  this
regard, we note the applicant not  only  accumulated  more  than  nine
unexcused absences with in a 12-  month  period  which  is  cause  for
disciplinary action, but he elected to be discharged  rather  than  to
cross-train into another career field. 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-
2003-04198  in  Executive  Session  on  13  October  2004,  under  the
provisions of AFI 36-2603:

      Ms. Martha J. Evans, Panel Chair
      Mr. Jay H. Jordan, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 10 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.




                                   MARTHA J. EVANS
                                   Panel Chair



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