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AF | BCMR | CY2006 | BC-2004-01292
Original file (BC-2004-01292.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01292
            INDEX CODE:  110.02

            COUNSEL:
            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His discharge be changed from general (Under Honorable Conditions)  to
Honorable and his rank of staff sergeant (E5) be reinstated.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His entire  service  record  up  to  the  time  he  was  involuntarily
discharged  was   considered   outstanding.    He   received   service
accommodations,  letters  of  accommodation,  promotions,  and  was  a
volunteer for many duties.  In 1986 he took  a  job  as  a  restaurant
chain manager when his area supervisor told him he would lose his  job
if he missed any work because of the Air  National  Guard  (ANG).   He
subsequently asked his ANG  supervisor  if  he  could  pull  his  Unit
training Assemblies (UTA’s) during weekdays.  His supervisor told  him
the commander would not approve such a schedule.   Applicant  contends
other airmen were approved for weekday makeups of monthly UTA’s due to
their civilian work schedules.  He was notified via mail from his unit
that he would begin to be demoted one stripe for every month  of  duty
missed.  Eventually, he was reduced to airman  (E2)  and  put  on  the
inactive status list.  He was discharged from the  West  Virginia  ANG
(WVANG)  six  months  later  in  October  1992  with  a  general(under
honorable conditions) discharge.  He  was  recently  notified  by  his
Veteran’s Administration representative that he could  apply  to  have
his discharge upgraded  and  his  rank  restored  even  though  he  is
incarcerated.  He feels as if he was discriminated against for reasons
unknown at that time.

In support of his appeal,  the  applicant  has  provided  a  personal,
notarized statement and a copy of DD Form 293, Application for  Review
of Discharge or Dismissal from the Armed Forces of the United States.

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

_________________________________________________________________


STATEMENT OF FACTS:

The applicant began his military career with the WVANG on 12 September
1982.  He attained the grade of staff sergeant with  a  date  of  rank
(DOR) of 1 October 1985.  He began missing UTA’s on 1 August 1987  and
missed 24 UTA’s through 11 January 1987.  Consequently, he was demoted
three times for missing UTA’s.  On 25  November  1987,  his  commander
notified him he was being  involuntarily  discharged  with  a  general
(under honorable conditions) discharge.   A  legal  review  found  the
discharge  within  the  authority  of  the   commander   and   legally
sufficient.  He was duly discharged for  unsatisfactory  participation
on 8 February 1988 after having served 5 years, 4 months and 27  days.
His character of service was general (under honorable conditions)  and
his reenlistment eligibility was “Eligible.”

Pursuant to the Board's request, the Federal Bureau of  Investigation,
Washington, D.C., provided an investigative report which  is  attached
at Exhibit B.

A copy of the FBI report was forwarded to the applicant  on  24 August
2005 for review and comment within 15  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFOC recommends denial.  DPFOC states the applicant openly admits
to not participating.  DPFOC contends no error or  injustice  occurred
during the discharge and in the absence of evidence to  the  contrary,
DPFOC recommends relief be denied

ANG/DPFOC’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
15 July 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 trying to work out an  alternate
UTA  schedule,  in  and  by  themselves,  sufficiently  persuasive  to
override the rationale provided by the Air Natioal Guard.   Therefore,
we agree with the opinion and recommendation of the Air Natioal  Guard
office of primary responsibility and adopt the rationale expressed  as
the basis for our decision that the applicant has  failed  to  sustain
his burden of having  suffered  either  an  error  or  injustice.   He
received a general (under honorable conditions) discharge after he had
missed 24 UTA’s and was demoted over a six  month  period  from  staff
sergeant to airman with no apparent preemptive or constructive  action
on his part.  Therefore, in the absence of persuasive 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-
2004-01292 in Executive  Session  on  27  September  2005,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Gregory A. Parker, Member
      Mr. Patrick C. Daugherty, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 27 Apr 04, w/atchs.
    Exhibit B.  Letter, ANG/DPFOC, dated 6 Jul 05, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 15 Jul 05.




                                   MICHAEL J. NOVEL
                                   Panel Chair

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