RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01031
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His reenlistment eligibility code (RE) code be changed to one that would allow him to enter the Special Forces.

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APPLICANT CONTENDS THAT:

He left the service because of family illness and he can provide information on his mother’s heart condition.

His appeal is at Exhibit A.

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STATEMENT OF FACTS:

Applicant entered the --- Air National Guard (-- ANG) on 9 April 1996.  He reached the grade of Senior Airman (SRA/E-4) but was demoted to Airman 1st Class (A1C/E-3) on 28 November 2001.  On 19 December 2001, the applicant was recommended for discharge in accordance with Air Force Instruction (AFI) 36-3209 (Unsatisfactory Participation).  He waived all rights to submit statements or consult counsel.  His general (Under Honorable Conditions) discharge was found legally sufficient on 13 January 2002.  He was provided a general (Under Honorable Conditions) discharge from the -- ANG effective 15 February 2002.  He had served for five years, seven months, and seven days at the time of discharge.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states the applicant had accumulated nine unexcused absences from Unit Training Assembly’s (UTA’s).  AFI 36-3209 states members may be discharged when the member has accumulated nine or more unexcused absences with a 12-month period.  They note the applicant was given the opportunity to respond to various letters of notification and failed to do so.  The reenlistment eligibility given by the -- ANG was appropriate for the conditions under which it was given.

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 5 September 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting a change in his 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 Special Forces 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 at the time of his discharge, on 15 February 2002, he was issued a reenlistment eligibility of “Eligible.”

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The following members of the Board considered this application in Executive Session on 22 October 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 19 Mar 03. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 22 Aug 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Sep 03.

                                   
                                   Panel Chair

 DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office Of The Assistant Secretary

AFBCMR BC-2003-01031

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 at the time of his discharge, on 15 February 2002, he was issued a reenlistment eligibility of "Eligible".

                                                                            
                                                                            Director
                                                                            Air Force Review Boards Agency