RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03346
		INDEX CODE:  110.02, 100.06
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His general (under honorable conditions) discharge be changed to honorable and his reenlistment eligibility (RE) code be changed from ineligible to eligible.

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APPLICANT CONTENDS THAT:

He traveled home to visit his active duty Navy wife, who had returned from a deployment.  Although he requested permission to be absent while visiting his wife in California, he was discharged for unsatisfactory participation.

In support of his request, applicant provided a copy of his NGB Form 22, National Guard Bureau Report of Separation and Record of Service and two copies of his DD Form 214, Certificate of Release or Discharge from Active Duty.  

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

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STATEMENT OF FACTS:

The applicant enlisted in the Air National Guard as an airman basic on 2 July 1998 for a term of 6 years.  He was credited with ten years of satisfactory military service.  

On 16 July 2001, the applicant's commander notified him that he was being discharged from the Air National Guard for unsatisfactory participation.  The basis for the action was unexcused absences from the Unit Training Assemblies (UTA).  The package was reviewed by the deputy staff judge advocate and found to be legally sufficient to support the discharge.  The discharge authority approved a general discharge, under the provisions of AFI 36-3209, Section 3, Paragraph 3.13.2.  Applicant was discharged on 31 October 2001.

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AIR FORCE EVALUATION:

ANG/DPFP recommends denial.  The applicant accumulated twelve (12) unexcused absences within a 4-month period.  In accordance with AFI 36-3209 paragraph 3.12.2.1, members may be discharged when the member has accumulated nine or more unexcused absences within a 12-month period.  The applicant received notification through certified return receipt letters, advising him of actions that would be taken against him for not attending UTAs.  The request for discharge was found to be legally sufficient by the state staff judge advocate, who concurred with the reason for separation, RE Code and characterization of service.

The ANG/DPFP evaluation, with attachments is at Exhibit C.   

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that the discharge given to him by the Air National Guard was unjust.  While assigned to the Kansas Air National Guard he served faithfully and honorably, without any problems, which included no problems with missing drills.  He was deployed in support of Operations Northern Watch and served in Kosovo in 1999.  He also honorably served during operations in Istres, France in support of Kosovo operations.  In early 2001, after returning from a deployment overseas, his wife requested that he help her relocate to her next duty station, which was in California.  He notified his unit of his intentions to assist his wife with her permanent change of station move, and was given permission to do so.  After encountering problems with his wife’s move, he informed his unit, was given excused absences and told to make up the drill periods that were missed.  Upon his return to Kansas, the applicant informed his unit that he was willing to make up the drill, but was told not to bother, that he had been discharged from the unit.  The applicant declared that he did not receive any paperwork informing him of his commander’s decision to discharge him.  He states that people living at his purported home of record, signed for letters and stated they left them on the table, and eventually threw the letters away when cleaning the home.  He desires to return to a Reserve component to finish his military career in an honorable manner, while giving distinguished service to the unit that he is assigned.

The applicant’s complete submission, with attachments, is at Exhibit E.

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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 timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant changing his discharge and his reenlistment eligibility.  After careful consideration of the available evidence, we found no indication that the actions taken to effect his discharge were improper or contrary to the provisions of the governing regulations in effect at the time, or that the actions taken against the applicant were unjust.  Therefore, 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.  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 Docket Number BC-2002-03346 in Executive Session on 9 April 2003, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 10 Oct 02 w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, ANG/DPFP, dated 5 Feb 03 w/atchs.
	Exhibit D.	Letter, SAF/MRBR, dated 14 Feb 03.
	Exhibit E. Letter, Applicant, 10 Mar 03 w/atchs.