RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03927
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Item 18, Pay Date, located on his National Guard Bureau (NGB) Form 22,
Report of Separation and Record of Service, be changed from 760414  to
740103 and that Item 26, Reenlistment  Eligibility,  be  changed  from
“Ineligible” to Retired Ready Reserve (RRR) Eligible.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His original entry into the military was on 3  January  1974  (740103)
and not as stated on his NGB Form  22.   Further,  his  DD  Form  214,
Certificate of Release or Discharge  from  Active  Duty,  indicates  a
Separation Code of LBK,  “Completion  of  Required  Service”  and  his
Reenlistment Code shows RE-1A, a code that  allows  reenlistment.   He
contends he was honorably discharged and sought to  join  the  Retired
Ready Reserve (RRR).  He has no medical or other disability that would
make him ineligible and has served his country for 27 good years.   He
contends his pay date has been incorrect since April 1986 and that  he
should be eligible for the RRR.  He questions whether or not  he  will
receive a correction for underpayment for 17 years.

In support of his appeal, the applicant  has  provided  copies  of  an
earlier request for records correction, his DD Form 214  and  his  NGB
Form 22, as well as a discharge order  and  a  copy  of  his  driver’s
license and his Social Security Card.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a former member of the Washington  Air  National  Guard
(WAANG), began his military career on 3 January 1974.   He  spent  the
following five  years  or  so  in  the  US  Army.   He  was  honorably
discharged from the Army  on  4  December  1979.   He  remained  in  a
civilian status until 26 April 1980 when he joined the  Army  National
Guard and served until 12 April 1987 of which almost  two  years  were
Inactive National Guard (ING).  On 13 April 1987, he joined the  WAANG
and was eventually promoted in the to the  grade  of  master  sergeant
(MSGT).  He was serving on the base Counter Drug Task  Force  and  was
the Drug Demand Reduction and  Lead  Prevention  Trainer  when,  on  3
August 2002, he was  selected  for  a  random  urinalysis.   The  test
returned a positive result indicating use of marijuana.  On 1  October
2002, he applied for transfer to the Retired Reserves but the transfer
order was revoked when the  results  of  the  urinalysis  test  became
known.  His commander began the process to demote  him  from  MSgt  to
technical sergeant (TSgt) and, after  initially  concurring  with  his
commanders’ action he spoke with counsel and  eventually  submitted  a
non-concurrence letter asking the commander not to consider  demotion.
On 9 January 2003, his request was denied and on 29  January  2003,  a
WAANG Staff Judge Advocate (SJA) found the  demotion  package  legally
sufficient.  He was subsequently demoted from MSgt to  TSgt  effective
with a date of rank of 5 February 2003 for  Failure  to  Fulfill  Non-
Commissioned Officer  Responsibilities  under  the  authority  of  ANG
Instruction (ANGI) 36-2503.

On 5 February 2003, counsel for the applicant submitted  a  memorandum
to the WAANG State Head Quarters requesting the applicant be given the
opportunity to apply for transfer to the Retired Reserve  in  lieu  of
administrative discharge action.  On 1 March  2003,  his  request  was
denied because the violation of the special trust  placed  in  him  by
reason of his rank, background, and  position  was  found  a  flagrant
violation of both military and civilian law  and  to  be  particularly
repugnant considering the position he held at the time.  Nevertheless,
his request was forwarded as a matter of course to the National  Guard
Bureau (NGB) and further to SAF/Personnel Counsel (PC).  His End  Term
of Service (ETS) was 12 October  2003.   At  that  time  however,  his
package had not yet been considered by SAF/PC.  Air Force  Instruction
36-3209 however, prohibits the involuntary  extension  of  members  to
complete the processing of administrative discharge actions.   He  was
therefore separated on his ETS and his  reenlistment  eligibility  was
listed as “Ineligible.”  He had served for 27 years, 5 months, and  29
days and was serving in the  grade  of  TSgt  when  he  was  honorably
discharged.
_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFOC recommends denial.  Regarding his request to  have  his  pay
date corrected to show no breaks in service, DPFOC notes the  date  on
the NGB 22 is correct as the member had two periods of  non-creditable
service that led to his correct pay date of 14 April 1976.  In regards
to his request to have his  Reenlistment  Eligibility  changed,  DPFOC
notes the egregious nature of his offense coupled with the fact he was
serving as the senior trusted agent of the WAANG Drug Testing program,
his eligibility to return to military service would not be  considered
in the best interest of the United States.  His request  to  apply  to
the Retired  Reserve  is  not  authorized  until  his  application  is
considered and accepted at the age of  60.   AFI  36-3209  states  any
personnel  discharged  upon  expiration  of  the  contract   are   not
authorized any entitlements or  benefits  until  they  apply  for  and
receive Reserve Retired pay at age 60.  His separation at  normal  ETS
will not deny him Reserve Retired pay  or  benefits  to  which  he  is
entitled upon reaching 60 years of age.

DPFOC’s complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
28 October 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 timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the existence of an  error  or  injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the  opinion  and  recommendation  of  the  Air
National  Guard  office  of  primary  responsibility  and  adopt   its
rationale as the basis for our conclusion that the applicant  has  not
been the victim of an error or  injustice.   The  evidence  of  record
confirms the pay date on file of 14 April 1976 is correct  and  he  is
currently awaiting Reserve Retired pay at the age of  60.   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-
2004-03927  in  Executive  Session  on  1  December  2005,  under  the
provisions of AFI 36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. James W. Russell, III, Member
      Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Dec 04, w/atchs.
    Exhibit B.  Letter, ANG/DPFOC, dated 20 Oct 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 28 Oct 05.




                                   RICHARD A. PETERSON
                                   Panel Chair