RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03037
		INDEX CODE:  

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC), discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

He was too ill to attend meetings (Unit Training Assembly’s/UTA’s), and that he notified his superiors that he was ill.  Therefore he was unjustifiably put out of the Reserves for lack of participation.

In support of his appeal, applicant has provided a personal statement, copies of medical and medical insurance documentation, a National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, and a DD Form 214, Report of Separation from Active Duty.

His complete submission, including attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his enlistment in the --- Air National Guard (-- ANG) on 12 November 1979.  He had over nine years prior service in the Navy, Navy Reserve and ANG.  He had attained the grade of Airman First Class (A1C/E-3) and entered the ANG at that grade.  

Applicant did not attend UTA’s or required Annual Training for his entire enlistment period in the ANG.  He was demoted to Airman Basic (AB) effective and with a date of rank of 30 December 1980 due to non-participation.

On 16 September 1981, applicant’s commander initiated discharge action against him under the auspices of AFI 36-3209, Unsatisfactory Participation.  As a result, on 23 May 1982, a review panel made up of members from the HQ --- National Guard reviewed the applicant’s case and recommended he be separated with a tentative characterization of service, under other than honorable conditions, and he be involuntarily transferred to the Individual Ready Reserve (IRR).  A subsequent legal review of the recommendation found it legally sufficient.  Applicant was separated for non-participation on 3 June 1982 with an UOTHC discharge.  He was discharged as an AB and involuntarily transferred to the IRR.

Examiner’s Note: Applicant withdrew his case from consideration on 20 May 2003, to gather additional supporting documentation.  On 16 October 2003, his case was reopened at his request.

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AIR FORCE EVALUATION:

HQ ANG/DPPI recommends denial.  DPPI notes in accordance with AFI 36-3209, members may be discharged when the member has accumulated nine or more unexcused absences within a 12-month period.  The applicant had accrued 120 unexcused UTA absences and two unexcused Annual Training absences, 2-16 August 1980 and 8-22 August 1981.  DPPI feels that the discharge was conducted in accordance with prescribed directives.  

DPPI’s evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant has provided additional evidence in the form of a letter from his psychiatrist that concludes the applicant suffered from Dysthymic Disorder and Major Depression with Psychotic Features.  His psychiatrist claims the applicant had been under psychiatric care since 1981.  He also states the applicant has slowly made progress, completed an undergraduate degree program, and is currently not under active treatment.  The applicant states his illness’s’ effected his judgment and rationale in his daily functioning and, coupled with other problems, was the source of what eventually lead to his UOTHC discharge.  Since he served “honorably” prior to this period and in light of his health problems at the time, he respectfully requests his discharge be upgraded.

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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.  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 office 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.  While he has provided a statement from his attending physician from 18 November 1987 through 6 January 1996 indicating that he may have suffered from "Dysthmic Disorder" and "Major Depression" as early as 1981, he has not provided any documentation from either a civilian or military doctor to explain the reasons for his accumulated 120 UTA absences and his unexcused absence from two required Annual Training events before 1981, the basis for his discharge.  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 BC-2002-03037 in Executive Session on 29 October 2003, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Sep 02, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ ANG/DPPI , dated 6 Mar 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 03.
    Exhibit E.  Letter, Applicant, dated 1 Oct 03, w/atch.