RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03982
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general, under honorable conditions, discharge be upgraded to honorable.

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APPLICANT CONTENDS THAT:

His discharge was improper because it was based on him not completing technical training school.  He would like to reenter the military to pursue a career in security police.

In support of his appeal, the applicant has provided a copy of his discharge certificate, discharge order, and his NGB Form 22, National Guard Bureau Report of Separation and Record of Service.  

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

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STATEMENT OF FACTS:

The applicant enlisted in the Rhode Island Air National Guard (RI ANG) on 26 January 1999 as an Airman First Class (A1C/E-3).  He completed Basic Military Training (BMT) and was scheduled for technical training school on 13 January 2000.

On 17 February 2000, the applicant received notification that he was being recommended for discharge due to his refusal to attend technical school.  He received a general, under honorable conditions, discharge under the provisions of AFI 36-3209, Failure to Complete Inactive Duty Training (IADT) – Tech School.  He acknowledged his right to legal counsel but did not exercise it.  He had served a total of 1 year, 8 months and 20 days and was serving in the grade of A1C at the time of discharge.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI notes that the applicant submitted a letter of resignation requesting a discharge from the RI ANG for several reasons including his not wanting to serve in the military.  DPPI states that the applicant was well aware of the requirement to attend technical school and was also aware of the consequences of not meeting that requirement.  

ANG/DPPI’s complete evaluation, with discharge documentation attached, is at 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 18 April 2003 for review and comment within 30 days.  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 timely filed.

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 are of the opinion that no evidence has been presented to show that the applicant’s was in error or unjust.  Therefore, we agree with the opinion and recommendation of the Air National Guard 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 AFBCMR Docket Number BC-2002-03982 in Executive Session on 5 June 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Dec 02, w/atchs. 
    Exhibit B.  Letter, ANG/DPPI, dated 7 Apr 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Apr 03