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AF | BCMR | CY2004 | BC-2004-00926
Original file (BC-2004-00926.doc) Auto-classification: Denied





                       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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