RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02242
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He would like his discharge to be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Unbeknownst to him at the time, he was discharged with a general
discharge due to nonparticipation. He found out when he recently
applied for veteran’s benefits and was turned down. He contends he
was never notified of his impending discharge and points to his
National Guard Bureau (NGB) Form 22, Report of Separation and Record
of Service, wherein it is noted he was not available to sign the
document. His absenteeism was due to him being in college in Ogden,
Utah during 1969 and 1970. He was originally supposed to have made up
his Unit Training Assembly’s (UTA’s – Drills) at Hill Air Force Base
(AFB) in Utah but was told he would not be allowed to. He notified
his ANG unit at McEntire ANG Base (ANGB) in South Carolina and was
told they would find him another base to attend UTA’s while attending
college in Utah. He asks that if he were missing drills why was he
not notified and offered any choices he may have been entitled to. He
believed he was entitled to a medical discharge or in the least, an
opportunity to go into the Regular Air Force at the rank of staff
sergeant (SSgt/E-5) with over 4 years of service. He was offered a
medical discharge in July 1968 after being diagnosed with Karatoconus.
He was allowed to remain in the ANG however.
In support of his appeal, the applicant has provided a personal
statement, copies of Veteran’s Administration home loan applications,
and his NGB 22.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, a former member of the South Carolina ANG (SCANG), had
secured a conditional release from the SCANG to perform his UTA’s in
Utah as part of the ANG unit there. The conditional release was
approved in October 1969. In January 1970, the UTANG cancelled the
conditional release, as the applicant had not enlisted with the UTANG.
The SCANG scheduled a medical appointment for the applicant on 21
March 1970. Applicant presented for the physical but did not complete
it. Official correspondence was mailed to the applicant on 29 April
1970 but was returned marked “Moved, Left no Address.” On 25 May
1970, the Chief, National Guard Bureau (CNGB) ordered the applicant be
returned to active duty. In June 1970, applicant was ordered to
report for priority induction into the Air Force for failure to
satisfactorily participate in training. On 17 July 1970, he was
reduced in grade from staff sergeant (SSgt/E-5) to airman (Amn/E-2).
He reported and on 23 July 1970, he was ordered to report for
induction not later than 3 August 1970. He did so and was found
medically disqualified for service. On 1 September 1970, the SCANG
was notified of applicant’s status and on 8 September 1970, he was
recommended for a General discharge for failure to satisfactorily
participate. The recommendation was approved and on 8 October 1970,
he was discharged with a General discharge.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI recommends denial. DPPI states the applicant was an
unsatisfactory participant from August 1969 until August 1970. DPPI
notes his medical disqualification at his induction did not negate his
failure to participate satisfactorily. DPPI can find no evidence of
error or injustice in this case.
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
25 February 2005 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. After a thorough review of the
evidence of record and applicant's submission, we are not persuaded
that his uncorroborated assertions of non-notification by the Air
National Guard, in and by themselves, sufficiently persuasive to
override the rationale provided by the Air Force. The discharge
appears to be in compliance with the governing AFR at the time and we
find no evidence to indicate that his separation from the Air National
Guard was inappropriate. We find no evidence of error in this case
and after thoroughly reviewing the documentation that has been
submitted in support of applicant's appeal, we do not believe he has
suffered from an injustice. Therefore, based on the available
evidence of record, we find no basis upon which to favorably consider
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-
2004-02242 in Executive Session on 4 May 2005, under the provisions of
AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. Joseph D. Yount, Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, , dated.
Exhibit D. Letter, SAF/MRBR, dated 25 February 2005.
JOHN B. HENNESSEY
Panel Chair
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