RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00815
		INDEX CODE:  131.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His former rank of sergeant (E-4) be reinstated.

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APPLICANT CONTENDS THAT:

The reason for the reduction in rank was the result of eight months of sporadic nonparticipation with the Air National Guard in 1989 through 1990.  The circumstances surrounding his non-participation developed from a series of personal hardships following his discharge from active duty and transition to the civilian workforce and the Air Force Reserve.  They included his civilian job, marital problems and childcare difficulties.

He is now in the Army Reserve as a private (E-1).  He has a stable job and his marriage is strong.  Since his four years of active duty were honorable, restoration to his former rank is the only fair conciliation to his continued service.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Records provided by the applicant indicate that he enlisted in the Regular Air Force on 2 Aug 84, for a period of four years, in the grade of airman basic (E-1).  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).

On 23 May 88, he enlisted in the Air National Guard, for a period of six years in the grade of senior airman.  He was demoted from the grade of airman to the grade of airman basic (AB/E-1), for unsatisfactory participation, with an effective date and date of rank of 9 July 1989.  An ANG/USAFR Point Credit Summary, prepared 30 Apr 90, reflects that during retirement/retention (R/R) year 2 Mar 88 to 1 Mar 89, the applicant was credited with 18 active duty training (ADT) points, 20 inactive duty training (IDT) points, 15 membership points, resulting in a satisfactory year of service.  During R/R year 2 Mar 89 to 1 Mar 90, he was credited with 4 (IDT) points and 15 membership points resulting in an unsatisfactory year of service.  

On 14 Jun 1990, he was discharged from the Air National Guard and transferred to the Air Force Reserve under the provisions of ANGR 39-10, for unsatisfactory participation, and was issued an under honorable conditions discharge.  At the time of discharge, he was credited with 6 years, 6 months and 10 days of total service for pay.  He was honorably discharged from the Air Force Reserve on 22 May 1994.

He is currently enlisted in the Army National Guard in the grade of private (E-1).

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AIR FORCE EVALUATION:

HQ ANG/DPFP reviewed this application and recommended denial.  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.  Upon his enlistment in the Guard, he was given information regarding his requirements to attend unit training assemblies (UTAs) and that failure to do so could result in demotion and separation.  He failed to attend UTAs and was demoted and discharged.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 21 Jun 02 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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.  The discharge appears to be in compliance with the governing AFI and we find no 

evidence has been submitted to indicate that his rank at the time of his separation from the Air Force was inappropriate.  The applicant was given information regarding his participation requirements and that failure to do so could result in demotion and separation.  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, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number 02-00815 in Executive Session on 13 November 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Mar 02, w/atchs.
    Exhibit B.  Letter, ANG/DPFP, dated 5 Jun 02.
    Exhibit C.  Letter, AFBCMR, dated 21 Jun 02.