Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2004-03628
Original file (BC-2004-03628.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03628
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO






_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be upgraded to honorable  and  his  reenlistment
eligibility be changed from ‘No’ to ‘Yes’.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He had four months remaining on his obligation when he was  discharged
for non-participation.  He contends he was young  and  stupid  at  the
time.  He notes he had served with the Regular Air Force  for  a  year
and three months prior to serving with the Air National  Guard  (ANG).
He obtained a degree in nursing and is now working with the  Veteran’s
Administration (VA) in New Orleans.  He would like to be  commissioned
as a nurse in the Air Reserve.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, a former member of the  Louisiana  Air  National  Guard
(LAANG) began his military career in the Regular Air Force on 20 April
1984.  He eventually attained the grade of senior  airman  (SrA).   He
left active duty and joined the LAANG effective 13 July  1985.   On  9
March 1989, he was recommended for demotion from SrA to  Airman  First
Class (A1C) due to non-participation.  On 15 March 1989, his commander
recommended he be discharged for non-participation under the  auspices
of ANG Regulation (ANGR) 39-10.  His commander recommended a  General,
Under Honorable Conditions (UHC), discharge for incurring 12 unexcused
absences from Unit  Training  Assemblies  (UTA’s)  within  a  12-month
period.  He was offered the opportunity to consult counsel and  submit
statements in his behalf, both of which he declined to do.   On  5 May
1989, the Staff Judge Advocate (SJA) found the  discharge  proceedings
legally sufficient.  Effective 31 May 1989, he was discharged  with  a
general, (UHC) discharge and was transferred to the USAF  Reserve  and
assigned to the Air Reserve Personnel Center (ARPC).  He  was  serving
in the grade of A1C and had served for approximately five years.

_________________________________________________________________

AIR FORCE EVALUATION:

ANG/DPFOC  recommends  denial.   DPFOC  cites   Air   National   Guard
Regulation (ANGR) 39-10 wherein members may  be  discharged  when  the
member has accumulated nine  or  more  unexcused  absences  from  Unit
Training Assemblies (UTA’s) within a 12-month period.  DPFOC  contends
he admitted he did not attend UTA’s and was consequently processed for
discharge in accordance with applicable regulations.   DPFOC  contends
no error or injustice occurred in this case.

DPFOC’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 8
December 2005 for review and comment within 30 days.  As of this date,
this office has received no response.

_________________________________________________________________

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.   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.  His  discharge  appears  to
have been in compliance  with  the  governing  ANGR  and  we  find  no
evidence to indicate that his separation from the Air  National  Guard
was inappropriate.  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-
2004-03628  in  Executive  Session  on  18  January  2006,  under  the
provisions of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Wallace F. Beard, Jr., Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 Nov 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPFOC, dated 20 Oct 05.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Dec 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-01325

    Original file (BC-2003-01325.doc) Auto-classification: Denied

    He states that three months later he received an informal discharge document that stated “General (under honorable conditions).” The discharge needs to be changed, as he believed himself to be in good standing. _________________________________________________________________ STATEMENT OF FACTS: The applicant contracted his enlistment in the -- ANG on 4 November 1987 after voluntarily leaving the Regular Air Force under the Palace Chase program. We took notice of the applicant's complete...

  • AF | BCMR | CY2004 | BC-2004-00926

    Original file (BC-2004-00926.doc) Auto-classification: Denied

    He was recommended for discharge for non-participation. In accordance with Air National Guard Instruction (ANGI) 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, “…members may be discharged when the member has accumulated nine or more unexcused absences from UTA within a 12-month period.” The discharge proceedings were conducted in accordance with prescribed directives and the State’s Staff Judge Advocate found the discharge legally...

  • AF | BCMR | CY2003 | BC-2002-03004

    Original file (BC-2002-03004.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2002-03004 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His general, under other than honorable conditions, discharge be upgraded to honorable. Applicant was demoted to A1C with an effective and date of rank of 25 October 1994. DPFP notes also that based on the discharge record...

  • AF | BCMR | CY2003 | BC-2003-00326

    Original file (BC-2003-00326.doc) Auto-classification: Approved

    His character of service was Under Other Than Honorable Conditions (UOTHC) and his reenlistment eligibility was recorded as “Ineligible.” _________________________________________________________________ AIR FORCE EVALUATION: ANG/DPPI recommends denial. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting a change in his discharge and reenlisment eligibility. Vaughn E. Schlunz Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON...

  • AF | BCMR | CY2002 | BC-2002-02977

    Original file (BC-2002-02977.doc) Auto-classification: Denied

    Applicant was warned of an impending demotion in grade from SRA to Airman First Class (A1C/E-3) as a result of his non-participation. _________________________________________________________________ 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...

  • AF | BCMR | CY2003 | BC-2002-02977

    Original file (BC-2002-02977.doc) Auto-classification: Denied

    Applicant was warned of an impending demotion in grade from SRA to Airman First Class (A1C/E-3) as a result of his non-participation. _________________________________________________________________ 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...

  • AF | BCMR | CY2002 | 0200815

    Original file (0200815.doc) Auto-classification: Denied

    On 1 Mar 88, he was honorably discharged and transferred to the Reserve of the Air Force in the grade of senior airman (SrA/E-4). He was honorably discharged from the Air Force Reserve on 22 May 1994. Applicant enlisted in the Air National Guard and was demoted to the grade of airman basic (E-1); he was subsequently discharged for unsatisfactory participation and transferred to HQ ARPC on 14 June 1990.

  • AF | BCMR | CY2006 | BC-2004-02189

    Original file (BC-2004-02189.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02189 INDEX CODE: COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility be changed from “Ineligible” to “Eligible.” _________________________________________________________________ APPLICANT CONTENDS THAT: He moved to Texas for employment reasons and concurrently transferred from...

  • AF | BCMR | CY2003 | BC-2003-01031

    Original file (BC-2003-01031.doc) Auto-classification: Approved

    He was provided a general (Under Honorable Conditions) discharge from the -- ANG effective 15 February 2002. Therefore, we recommend the applicant's records be corrected to the extent indicated below. Michael K. Gallogly Panel Chair DEPARTMENT OF THE AIR FORCE WASHINGTON DC [pic] Office Of The Assistant Secretary AFBCMR BC-2003-01031 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...

  • AF | BCMR | CY2006 | BC-2005-03166

    Original file (BC-2005-03166.doc) Auto-classification: Denied

    Her service record shows how much she enjoyed her military career and how well she and her military teammates worked together. DPFOC contends the characterization of service she has applied for does not exist. _________________________________________________________________ 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...