RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01288
		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:

As a second term airman with the Tennessee Air National Guard (TN ANG), he found himself faced with mandatory overtime requirements at his fulltime civilian job at a local factory.  He was missing Unit Training Assemblies (UTA’s) because of his job and was being threatened by his civilian employer with implied termination if he kept missing work because of his military obligation.  He asked the unit for assistance but they stated they could not help unless he was actually fired from his civilian job.  He decided to choose his civilian employment over his military obligations and was separated with a general discharge for unsatisfactory participation.  He states he did not know the difference between a general and honorable discharge until he looked for better employment and competed for promotion when the type of discharge affected both.  For the betterment of himself and his family, he would like the Board to change his discharge status.

In support of his appeal, the applicant has provided a personal statement.

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

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STATEMENT OF FACTS:

The applicant was discharged from the TN ANG for unsatisfactory participation on 31 May 1997 after serving seven years, nine months, and six days of combined Reserve component and Regular Air Force service.  He was serving in the grade of senior airman (E-4) at the time of discharge.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states in accordance with Air Force Instruction (AFI) 36-3209, members may be discharged when the member has accumulated nine or more unexcused absences within a 12-month period.  He received a General (Under Honorable Conditions) discharge in accordance with AFI 36-3209, attachment two that states “… if a member’s service has been honest and faithful, but significant aspects of conduct or performance of duty outweigh positive aspects of the member’s military record.  DPPI states the characterization of service was appropriate in this case.

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 Force evaluation was forwarded to the applicant on 15 November 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 notice of the applicant's complete submission in judging the merits of the case and while we sympathize with the applicant’s civilian employment predicament at the time, there is simply no evidence presented that effectively disputes the comments of the Air National Guard; subsequently, we agree with their opinion and recommendation 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-2003-01288 in Executive Session on 3 February 2004, under the provisions of AFI 36-2603:
The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Apr 03, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 7 Aug 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Nov 03.