RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-03163
				INDEX CODE:  110.00
	APPLICANT	COUNSEL:  None

	SSN		HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

His National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service be corrected to reflect the following:

	a.  Item 4 be changed from 1989 to 1981.

	b.  Item 23 be changed from pattern of misconduct to Removal from State.

	c.  Item 24 be changed from General Under Honorable Conditions to Honorable.

	d.  Item 25 be changed from None to NGB Form 438.

	e.  Item 26 be changed from Ineligible to Eligible.

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APPLICANT CONTENDS THAT:

It was unjust for him to be discharged after serving for 18 good years, without having any incidents of this category.  

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

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STATEMENT OF FACTS:

The applicant enlisted in the Puerto Rico Air National Guard as an Aerospace Ground Equipment Mechanic in 1981.

On 15 November 1998, the applicant's commander notified him of his intent to recommend discharge action against him for a pattern of misconduct.  The reasons for the discharge action were:

	a.  In September 1998 he was arrested for driving under the influence of alcohol, which resulted in the applicant’s driving privileges being suspended for the duration of his assignment, a Letter of Reprimand (LOR), and demotion to staff sergeant (SSGT). 

	b.  The applicant received an LOR on 8 September 1998 for disobeying an order to remain within the limits of Little Rock AFB for the duration of his assignment.

	c.  The applicant misused the American Express Government card by making unauthorized purchases.

	d.  The applicant abused his privileges under the American Express Government card by failing to pay the balance in a timely manner, which resulted in his card privileges being suspended. 

The commander advised applicant of his right to consult legal counsel and that military legal counsel had been obtained for him; and to submit statements in his own behalf; present his case to an Administrative Discharge Board; or waive the above rights after consulting with counsel.

The applicant acknowledged receipt of the Letter of Notification (LON) on 15 November 1998, but failed to make an election of rights.  As indicated in the Letter of Notification (LON), the applicant’s failure to respond to the LON constituted a waiver of all rights in the administrative discharge process to include the right to a board hearing.

A legal review was conducted on 18 July 1999 in which the staff judge advocate recommended the administrative discharge be approved.

On 3 November 1999, the discharge authority approved the discharge.

On 25 October 1999, applicant was discharged from the Air National Guard of Puerto Rico and as a Reserve of the Air Force in the grade of staff sergeant with an under honorable conditions (general) discharge, in accordance with AFI 36-3209 for Misconduct.  His NGB 22 reflected he was ineligible for reenlistment.  He served 18 years, 8 months and 20 days of total service for retired pay.

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AIR FORCE EVALUATION:

ANG/DPFP states the applicant was administratively discharged for “misconduct” in accordance with Air Force policy.  In comparing 
item 4 with item 10(e) of the applicant’s NGB Form 22, one might conclude that there is an error with the applicant’s date of enlistment.  However, item 10(e) is consistent with the applicant’s AF Form 526, ANG/USAFR Point Credit Summary.  Based on the information and evidence provided they recommend the requested relief be denied (Exhibit C).  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 January 2003, for review and response.  As of this date, no response has been received by this office.  

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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 of timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant upgrading the applicant’s discharge and issuing a discharge certificate, changing the narrative reason for discharge, and lastly, to change the date of enlistment on his NBG Form 22.  The applicant’s contentions are duly noted, however, after thoroughly reviewing the evidence of record, no documentation has been presented which has shown to our satisfaction that the applicant’s separation was contrary to the prevailing directive.  In this respect, the Board noted that the applicant had several incidents of misconduct, to include driving while intoxicated at the time he was undergoing training and then violating the conditions which allowed him to remain in training.  Additionally, he apparently abused the use of his government credit card.  Further, although he was given the option to present his case to an administrative discharge board, he failed to respond.  With respect to the request to change his enlistment date on the NGB Form 22 in question, it appears that the form accurately reflects the date he enlisted during this enlistment period.  The form was not intended to reflect his entire period of service.  Therefore, based upon the evidence of record, we find no basis upon which to favorably consider this portion of the applicant’s request.

4.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice to 
warrant changing his enlistment eligibility.  After reviewing the letters submitted in support of his application, we are persuaded that he has overcome the behavior which caused his discharge from the Air National Guard.  While we certainly do not condone the behavior that led to his under honorable conditions discharge, it appears he has taken full responsibility for his actions.  We note his over 17 years of honorable service and his desire to continue his career.  Therefore, we believe he should be given the opportunity to reenlist.  Therefore, we recommend his records be corrected as indicated below.

5.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that his NGBForm 22, Report of Separation and Record of Service, be amended in Item 26 (Reenlistment Eligibility) to read “Eligible,” rather than “Ineligible.”

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The following members of the Board considered AFBCMR Docket Number 02-03163 in Executive Session on 25 February 2003 under the provisions of AFI 36-2603:
All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 25 Sep 02, w/atchs.
	Exhibit B.	Master Personnel Records.
	Exhibit C.	Letter, HQ ANG/DPFP, dated 16 Dec 02.
	Exhibit D.	Letter, SAF/MRBR, dated 24 Jan 03.

							 

AFBCMR 02-03163
INDEX CODE:  131.00

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction for Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116) it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT, SSN, be corrected to show that his NGB Form 22, Report of Separation and Record of Service, be amended in Item 26 (Reenlistment Eligibility) to read “Eligible,” rather than “Ineligible.”