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AF | BCMR | CY2011 | BC-2011-01428
Original file (BC-2011-01428.txt) Auto-classification: Denied
	
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2011-01428	
	
		COUNSEL:  NONE
		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His NGB Form 22, National Guard Bureau Report of Separation and 
Record of Service be corrected as follows:  

1.  Item 10a - Net Service This Period reflect approximately one 
year of part time service.

2.  Character of Service be changed from General Under Honorable 
Conditions to Honorable.  

________________________________________________________________

APPLICANT CONTENDS THAT:

He was never full time active duty with the National Guard.  His 
status was part time and he only attended for one year. This 
error adds over 1000 retirement points to his records. It will 
cause him to be overpaid when he starts drawing retirement pay.  
He discovered this error after becoming a unit administrator for 
the Army Reserve and learning to understand the NGB Form 22 
better.  Regarding the characterization of service; he is 
currently serving in the Army Reserve and feels that an upgrade 
to an honorable discharge is merited as he has completed almost 
three years of his current enlistment and is correcting the 
mistakes he made when he was younger.  

In support of his request, the applicant submits his NGB Form 22 
and Department of the Army (DA) Form 200, Transmittal Record. 

The applicant’s complete submission, with attachments, is at 
exhibit A.

_________________ ______________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air National Guard on 
1 December 1992.

On 2 December 1995, via certified letter, the commander notified 
the applicant that she was recommending him for discharge under 
the provisions of Air Force Instruction (AFI) 36-3209, 
Separation and Retirement Procedures for Air National Guard and 
Air Force Reserve Members based upon 112 periods of unexcused 
absences.  The applicant failed to acknowledge receipt of the 
commander’s intent to discharge him. Subsequent to the file 
being found legally sufficient the discharge authority approved 
the recommendation and directed that the applicant be 
involuntarily discharged for unsatisfactory participation.  The 
applicant was discharged effective 23 February 1996 and was 
credited with a net service of 3 years, 2 months, and 23 days. 

_______________________________________________________________

AIR FORCE EVALUATION:

NGB/A1POE recommends denial.  A1POE states the service time in 
item 10a of the NGB Form 22 is correct.  The time merely 
reflects the period of his last enlistment without regard to 
whether or not it was served satisfactorily. He will only 
receive service credit, for pay, for the periods of satisfactory 
participation.  The NGB Form 22 was completed correctly.  A1POE 
does not support the request to change the character of service 
to honorable.  The characterization he received was appropriate 
based on the reason for separation.  There is insufficient 
justification to support a change of his service 
characterization to “honorable.”  

The complete NGB/A1POE evaluation is at exhibit C.

NGB/A1PS recommends denial and concurs with NGB/A1POE.  

The complete NGB/A1PS evaluation is at exhibit D

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the member 
on 24 June 2011 for review and comment within 30 days.  As of 
this date, this office has not received a 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 Force offices of primary responsibility and adopt 
their rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice. 
Therefore, in the absence of evidence to the contrary, we find 
no 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 this application 
BC-2011-01428 in Executive Session on 14 February 2012, under 
the provisions of AFI 36-2603:

		, Panel Chair
      , Member
		, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 April 2011, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, NGB/A1POE, dated 3 June 2011.
    Exhibit D.  Letter, NGB/A1PS, dated 3 June 2011.
    Exhibit E.  Letter, SAF/MRBR, dated 24 June 2011.



                                   
                                   Panel Chair



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