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AF | BCMR | CY2005 | BC-2004-02242
Original file (BC-2004-02242.doc) Auto-classification: Denied

                       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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