RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00926
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His characterization of service be upgraded from General, (Under
Honorable Conditions) to Honorable and that his reenlistment
eligibility be changed to “Eligible.”
_________________________________________________________________
APPLICANT CONTENDS THAT:
He had been going through a very serious personal time in his life in
which he had recently married and had a son on the way. He was not
employed full-time and all efforts at full-time employment with the
New Hampshire Air National Guard (NHANG) were fruitless. His mother
was undergoing treatment for cancer that ultimately took her life. He
is hoping for some leniency in that he would like to be allowed to
return to duty and serve his country.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the NHANG on 2 February 1994 in the grade of
Airman First Class (A1C/E-3). He was recommended for discharge for
non-participation. On 13 November 1995, he had 27 unexcused
absences from Unit Training Assemblies (UTAs) from 11 March 1995 to 15
October 1995. Prior to his commander’s recommendation of involuntary
discharge the applicant had been demoted for non-participation from
the grade of Senior Airman (SRA/E-4) to Airman First Class (A1C/E-3),
effective 16 June 1995. On 15 November 1995, he was notified that he
was being involuntarily discharged from the NHANG for non-
participation, with a service characterization of General (Under
Honorable Conditions). On 19 January 1996, he was discharged for
unsatisfactory participation with a general (Under Honorable
Conditions) discharge and a reenlistment eligibility of “Ineligible”
after serving a total of 8 years, 5 months, and 19 days of combined
Reserve and active duty service.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI notes his statement that he has no
records that would show an error or injustice exists in his case. In
accordance with Air National Guard Instruction (ANGI) 36-3209,
Separation and Retirement Procedures for Air National Guard and Air
Force Reserve Members, “…members may be discharged when the member has
accumulated nine or more unexcused absences from UTA within a 12-month
period.” The discharge proceedings were conducted in accordance with
prescribed directives and the State’s Staff Judge Advocate found the
discharge legally sufficient.
DPPI’s complete evaluation, with attachments, 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 1 July 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
while we sympathize with his situation at the time and appreciate his
efforts to care for his family, there was simply no evidence presented
that justified granting the requested relief. Therefore, we agree
with the opinion and recommendation of the Air National Guard 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. 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-
2004-00926 in Executive Session on 10 August 2004, under the
provisions of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Ms. Kathleen F. Graham, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Apr 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, ANG/DPPI, dated 18 Jun 04, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 1 Jul 04.
JOHN L. ROBUCK
Panel Chair
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