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AF | BCMR | CY2004 | BC-2004-01205
Original file (BC-2004-01205.doc) Auto-classification: Approved





                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01205
            INDEX CODE:  110.03

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her service record be corrected to show she did not have  a  break  in
service from 16 February 2004 through 25  March  2004,  and  that  she
receive retroactive leave and pay for that period.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her unit  commander  denied  her  reenlistment.   After  she  filed  a
complaint, an investigation  was  completed  and  her  Wing  commander
determined she should be reenlisted.  She was reenlisted effective  26
March 2004.

In support of her appeal, the applicant  has  provided  copies  of  an
National Guard Bureau (NGB) Form 333, Discrimination Complaint in  the
Army and Air National Guard,  pertinent  email  traffic,  the  Special
Order ordering her to an Active/Guard Reserve (AGR) position  for  one
year, DD Form 4, Enlistment/Reenlistment Document Armed Forces of  the
United States, her original enlistment document and AGR order, an  NGB
Form 22, National Guard Bureau Report  of  Separation  and  Record  of
Service, and a DD Form 214, Certificate of Release or  Discharge  from
Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

Her commander notified the applicant, a member  of  the  Missouri  Air
National Guard (MOANG), on 6  November  2003,  that  her  request  for
reenlistment would be denied.  Applicant filed a racial discrimination
complaint  against  her  commander  on  12  December  2003.   She  was
honorably  discharged  on  15  February  2004  with   a   reenlistment
eligibility of “Eligible.”   An  investigation  regarding  the  racial
discrimination suit concluded on 25  February  2004,  found  that  the
alleged discrimination could not be substantiated.  On 23 March  2004,
the Wing Commander allowed her to reenlist in the MOANG for  a  period
of three years but only reinstated her AGR tour for one year.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPP recommends denial.  DPP reiterates the investigation into  her
allegation of racial discrimination was not substantiated.   DPP  also
points to several performance reports and other  related  disciplinary
documentation that clearly show substandard behavior  and  performance
on the part of the applicant.  DPP states she was continually verbally
admonished for performance and standards violations  but  the  desired
improvements never seemed to materialize.  DPP notes that  her  filing
of a racial discrimination complaint after she was told she would  not
be allowed to reenlist seems more like an act of  retribution  instead
of a search for justice.  As her allegation of  racial  discrimination
was found to be unsubstantiated, DPP feels the ANG is not obligated to
provide retroactive benefits, entitlements, or back pay.

DPP’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 28 May 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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or  injustice.   While  it  does  appear  that  the
applicant’s performance  was  not  superior  during  her  last  rating
period,  we  noted  the  wing  commander’s  investigation   into   her
allegations of discrimination and we believe that some form of  relief
is warranted.  In this regard, we note that  the  wing  commander  has
allowed her to reenlist in the ANG for three years and has granted her
a one-year active duty tour.  In view of his actions, and  noting  the
fact that she has over 16 years of  service,  we  recommend  that  the
records be corrected as indicated below.

______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that:


            a. On 14 February 2004, she requested an extension to  her
active duty tour and her request was approved by competent authority.

            b. She was not released from  her  active  duty  tour  and
discharged from the ANG on 15 February  2004  but  on  that  date  she
continued to serve on active duty until 22 March 2004.

            c. On 22 March 2004, she was released from active duty and
discharged from the ANG and on 23 March 2004, she  reenlisted  in  the
ANG for a period of three years.

The following members of the  Board  considered  this  application  in
Executive Session on 15 July 2004, under the  provisions  of  AFI  36-
2603:

      Mr. David W. Mulgrew, Panel Chair
      Mr. James E. Short, Member
      Mr. Gary G. Sauner, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Apr 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPP, dated 19 Mar 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 28 May 04.




                                   DAVID W. MULGREW
                                   Panel Chair



                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC




[pic]
Office Of The Assistant Secretary



AFBCMR BC-2004-01205




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to APPLICANT, be corrected to show that:

            a. On 14 February 2004, she requested an extension to  her
active duty tour and her request was approved by competent authority.

            b. She was not released from  her  active  duty  tour  and
discharged from the ANG on 15 February  2004  but  on  that  date  she
continued to serve on active duty until 22 March 2004.

            c. On 22 March 2004, she was released from active duty and
discharged from the ANG and on 23 March 2004, she  reenlisted  in  the
ANG for a period of three years.







     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency


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