RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01588
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His general discharge be changed to honorable and his reenlistment eligibility be changed from ineligible to eligible.

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APPLICANT CONTENDS THAT:

He was discharged due to unpaid debts on his American Express government credit card.  He never received any bills requiring repayment of the debt and after notifying his unit of this problem was told it would be taken care of.  On another occasion, his unit gave him a phone number to call.  He called and encountered a recording whereupon he left a message.  He was never contacted by anyone and he regrets not following up on the call.  His debt was not addressed until his discharge.  He would do whatever is necessary to remedy this situation in order to reenlist into the Air Force Reserve (AFRES) and continue to serve his country.

In support of his appeal, the applicant has provided copies of his NGB Form 22, National Guard Bureau Report of Separation and Record of Service, and a demotion order reducing him in grade from Staff Sergeant (SSgt/E-5) to Senior Airman - (Sgt/E-4), effective 14 February 1995.

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

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STATEMENT OF FACTS:

The applicant contracted his enlistment in the --- Air National Guard (-- ANG) on 16 December 1994.  He attained the rank of SSgt with a date of rank of 1 March 1988 and was demoted to SrA with a date of rank of 14 February 1995.  On 17 November 1996, he was notified by letter of counseling (LOC) by his First Sergeant of an outstanding debt on his government Master Card in the amount of $1,495.  He acknowledged this LOC by his signature.  On 8 December 1996, his commander ordered him, to pay the entire outstanding debt or face disciplinary action.  He acknowledged receipt and understanding of this order by dating and signing it.  He was subsequently discharged effective 15 October 1997 with a general, (Under Honorable Conditions), discharge and a reenlistment eligibility of “Ineligible.”  He had served 11 years, 5 months and 7 days of active, and reserve service at discharge.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI states the service characterization given by the -- ANG was appropriate for the conditions.  DPPI notes the applicant was discharged in accordance with Air Force Instruction (AFI) 36-3209 that allows a general (Under Honorable Conditions) discharge when a member’s service has been honest and faithful, but significant negative aspects of conduct or performance outweigh positive aspects of the member’s military record.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states he had served in the Air Force for 11 years without any other mishaps, that he is not proud of his attitude during his final two years in the Air Force and, age and his becoming a police officer has made him wiser.  He states when he signed his discharge letters he did not understand the consequences of his actions, especially that by accepting a general discharge he would be prohibited from reenlisting in the military forces.  He realizes he should have been more proactive in resolving the (financial) situation prior to his discharge and should have insisted on a response from Personnel.  He is taking steps now to repay the debt and is willing to do whatever else is necessary to remedy this situation and get his records corrected.  He would like a second opportunity to serve his country by enlisting in the Air Force Reserve.

Applicant’s complete response is attached at Exhibit E.

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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 the fact he is taking steps to repay the debt.  However, 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-2003-01588 in Executive Session on 22 October 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Apr 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 13 Aug 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 22 Aug 03.
    Exhibit E.  Letter, Applicant Rebuttal, dated 17 Sep 03.

                                   Panel Chair