RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00003
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility be changed from ineligible to eligible so that he may reenlist in the Air National Guard (ANG).

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APPLICANT CONTENDS THAT:

Due to school commitments, and civilian employment conflicts, he was unable to attend necessary Unit Training Assemblies (UTA’s) and, on advice from his supervisor, he left the ANG under what he believed to be honorable conditions.  He did not know at the time of his discharge that he would not be able to reenlist in the ANG.

In support of his appeal, the applicant has provided a letter to the Board.  

His complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Mississippi ANG (MS ANG) on 10 January 1992 in the grade of Senior Airman (SRA).  Applicant had four (4) years prior service in the Regular Air Force.

He received a general, under honorable conditions, discharge from the MS ANG for non-participation on 30 October 1993 after 1 year, 9 months and 21 days of service.  He was offered legal counsel and the opportunity to submit statements on his behalf.  He did not take advantage of either opportunity.

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AIR FORCE EVALUATION:

ANG/DPPI reviewed this application and recommended denial.  Applicant had accumulated 12 unexcused absences within a 3-month time frame.  DPPI states that the applicant was notified via return receipt mail of each unexcused absence and given the opportunity to make them up.  DPPI notes also that the applicant was counseled on the seriousness of the unexcused absences and made aware of the consequences of non-attendance.  The discharge, found legally sufficient by the MS ANG Judge Advocate General (JAG), was executed under the auspices of ANG Regulation 39-10 that allows separation/discharge of airmen who accumulate up to 9 unexcused absences within a 12-month time frame.

DPPI’s complete evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 4 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 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 note of his record of service during his initial four years in the Air Force.  However, after a thorough review of the evidence of record and applicant's submission, we do not find his uncorroborated assertions of ignorance regarding his transfer to the IRR sufficiently persuasive to override the rationale provided by the Air National Guard.  Therefore, we agree with the opinion and recommendation of the Air National Guard office of primary responsibility and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or injustice.  Consequently, in the absence of persuasive 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-2003-00003 in Executive Session on 8 July 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Dec 02, w/atch. 
    Exhibit B.  Letter, ANG/DPPI, dated 13 Mar 03, w/atchs.
    Exhibit C.  Letter, SAF/MRBR, dated 4 Apr 03.