RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00326
		INDEX CODE:  100.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Under Other Than Honorable Conditions (UOTHC) discharge be changed to a general discharge and his reenlistment code of ‘Ineligible’ be changed to ‘Eligible’.

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APPLICANT CONTENDS THAT:

There were errors and/or injustices present in the area of reenlistment because of the conditions at the time that the situation occurred.  

In support of his application, the applicant has provided a copy of his DD Form 214, a copy of a National Guard Bureau (NGB) Form 22, three letters of reference, a letter from the applicant and a package from the Florida Air National Guard (FA ANG) to NGB requesting an enlistment waiver, and the subsequent denial of the enlistment waiver from NGB to the applicant.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 7 October 1981.  After 2 years, 11 months, and 22 days of active service, the applicant volunteered for Air National Guard (ANG) service under the Palace Chase program.  He enlisted in the Georgia ANG (GA ANG) on 9 September 1984 at the grade of Airman First Class (A1C/E-3). 

He was discharged from the GA ANG for non-participation on 25 December 1988 after 4 years, 2 months and 27 days of service.  His character of service was Under Other Than Honorable Conditions (UOTHC) and his reenlistment eligibility was recorded as “Ineligible.”

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states that the applicant was discharged in accordance with Air National Guard Regulation (ANGR) 39-10 which states that members may be discharged when they have accumulated nine or more unexcused absences within a 12-month period.  The Staff Judge Advocate found the UOTHC discharge legally sufficient.  

DPPI’s complete evaluation, with attachments, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air National Guard evaluation was forwarded to the applicant on 11 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting a change in his discharge and reenlisment eligibility.  The Board noted that the applicant’s records do not contain any evidence of misconduct, only that, he accumulated nine unexcused absences from Unit Training Assemblies (UTAs) that may have been attributed to a serious family illness.  The applicant has expressed a desire to enlist into the Florida Air National Guard and we believe he should be given the opportunity to apply for enlistment.  Whether or not he is successful will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of the service.  Therefore, we recommend the applicant's records be corrected to the extent indicated below.  

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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 December 1988, he was discharged with service characterized as general (under honorable conditions), and with a reenlistment eligibility of “Eligible.”
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The following members of the Board considered this application in Executive Session on 5 August 2003, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 23 Jan 03, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, ANG/DPPI, dated 13 Mar 03, w/atchs.
     Exhibit D.  Letter, SAF/MIBR, dated 11 Apr 03.

                                   
                                   Panel Chair

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2003-00326

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of 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, be corrected to show that on 25 December 1988, he was discharged with service characterized as general (under honorable conditions), and with a reenlistment eligibility of “Eligible.”

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency