RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03576
		INDEX CODE:  110.03
		COUNSEL:  NONE

		HEARING DESIRED:  Not Indicated

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APPLICANT REQUESTS THAT:

She be reinstated onto active duty or into the Air National Guard (ANG).

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APPLICANT CONTENDS THAT:

She signed an agreement to be released from active duty and enter the ANG through the PALACE CHASE program.  She was told 2 1/2 years later that she was discharged.  She feels that she has been discharged without cause and would like to fulfill her agreement either on active duty or in the ANG.

In support of her request, applicant provided a copy of her DD Form 214, Certificate of Release or Discharge from Active Duty; AF Form 100, Request and Authorization for Separation; and DD Form 256AF, Honorable Discharge certificate.  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted her initial enlistment in the Regular Air Force on 26 Mar 91.  She was progressively promoted to the grade of senior airman, having assumed that grade effective and with a date of rank of 26 Apr 94.  On 14 Aug 97, her application for an intradepartmental transfer to the ---- ANG under the PALACE CHASE program was approved with a military service obligation (MSO) date of 18 Aug 02.  She was released from active duty on 12 Nov 97.  Because the applicant never enlisted in the ANG, she was transferred to the Inactive Ready Reserve (IRR) and was subsequently discharged on 20 Jul 98.

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AIR FORCE EVALUATION:

ARPC/DPP defers their recommendation to the ANG and AFPC on this case.  DPPP states that when she was released under the PALACE CHASE Program her contract expiration date was 18 Aug 02; however, she never fulfilled the contract.  On 20 Jul 98, a system-generated discharge was performed based on her expiration of term of service (ETS).  No PALACE CHASE contract code or amended ETS was updated in the personnel data system to prevent the discharge from taking place.  The DPP evaluation is at Exhibit C.  

ANG/DPP recommends denial.  DPP states that since the applicant never enlisted with the --- ANG or any other ANG unit she cannot be re-instated.  When the ANG contacted her, she indicated that affiliating with the --- ANG would not be practical since her current residency was in ---- VA.  Since she maintained a good reenlistment eligibility (RE) code (1J), it was recommended that she contact the --- ANG for enlistment.  If she wishes to do, with a break in service, her application would be considered.  The DPP evaluation is at Exhibit D.

AFPC/DPPRSR recommends denial.  DPPRSR states that the PALACE CHASE program requires the member to sign a contract in which the member agrees to serve two times whatever is currently owed to the Air Force in an Air Reserve Component unit.  Failure to report is cause for immediate recall to active duty or transfer to the IRR until completion of the Military Service Obligation.  She was transferred to the IRR for failure to report to her gaining unit.  The DPPRSR evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 11 Apr 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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 opinions and recommendations of the Air Force offices 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.  Evidence has not has not been presented which lead us to believe that the actions taken to discharge her from the Air Force Reserves were inappropriate or not in compliance with established directives.  Accordingly, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.  Notwithstanding the above, we note that the applicant has maintained a favorable RE code and therefore, is able to enlist in the ANG if she so desires.  

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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-2002-03576 in Executive Session on 3 Jun 03, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Oct 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ARPC/DPP, dated 20 Dec 02.
    Exhibit D.  Letter, ANG/DPP, dated 26 Feb 03.
    Exhibit E.  Letter, SAF/MRBR, dated 11 Apr 03.