ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03163
		INDEX CODE:  100.00
	APPLICANT	COUNSEL:  None

	SSN	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

In the applicant’s appeal for reconsideration, he requests his National Guard Bureau (NGB) Form 22, Report of Separation, be corrected to reflect he was honorably discharged.

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STATEMENT OF FACTS:

The applicant enlisted in the Puerto Rico Air National Guard on 6 February 1981.

On 25 September 2002, the applicant submitted an application to have his NGB Form 22 corrected to reflect the following changes:

		a. His date of enlistment from 1989 to 1981.

		b. His reason for discharge changed from misconduct to Removal from State.

		c. His discharge be upgraded to honorable.

		d. Item 25 on the NGB Form 22 be changed from “None” to “NGB Form 438.”

		e. Item 26 be changed from “Ineligible to Eligible.”

The Board considered and partially granted the applicant’s request on 25 February 2003.  For an accounting of the facts and circumstances surrounding the applicant's separation, and, the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit E.

Mr. O., in a letter dated 21 April 2003 (Exhibit F), requested on behalf of the applicant that his discharge be upgraded from general to honorable.  The Board forwarded the applicant a letter on 23 May 2003, advising him that he had not provided information regarding his activities since leaving the service and if he 
provided such information it would be forwarded to the Board for possible reconsideration (Exhibit G).

On 16 June 2003, the applicant submitted a request for reconsideration based on his post-service activities.  The applicant’s request with attachments is attached at Exhibit H.

Pursuant to the Board’s request, the Federal Bureau of investigation, Washington, D.C., indicated on the basis of the data furnished they were unable to locate an arrest record (Exhibit I).

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting an upgrade of the applicant’s discharge.  As noted in our previous decision we do not condone the behavior which led to the applicant’s discharge.  However, on the basis of the documentation submitted with this appeal indicating the applicant’s apparent successful transition to civilian life and his desire to continue his military career in the Reserves, coupled with the fact that he possesses critical career field skills apparently needed in the Air Force Reserves, we believe that it would be an injustice for him to continue to suffer the effects of the discharge.  Therefore, we recommend that his discharge be upgraded to honorable.

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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 on 25 October 1999, he honorably was discharged under the provisions of AFI 36-3209 from the Puerto Rico Air National Guard and as a Reserve of the Air Force.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03163 in Executive Session on 29 July 2003, under the provisions of AFI 36‑2603:

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit E.  Record of Proceedings, dated 4 Apr 03, w/atchs.
	Exhibit F.  Letter,., dated 21 Apr 03.
	Exhibit G.  Letter, AFBCMR, dated 23 May 03, w/atchs.
	Exhibit H.  Applicant’s Response, dated 16 Jun 03, w/atchs.
	Exhibit I.  FBI Report.

                                   

AFBCMR BC-2002-03163
INDEX CODE:  110.00

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 on 25 October 1999, he was honorably discharged under the provisions of AFI 36-3209 from the Puerto Rico Air National Guard and as a Reserve of the Air Force.