RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02990
		INDEX CODE:  100.02

		COUNSEL:  NONE

		HEARING DESIRED: YES

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APPLICANT REQUESTS THAT:

His general (Under Honorable Conditions) discharge be upgraded to honorable and that his reenlistment eligibility be changed from “Ineligible” to “Eligible.”

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APPLICANT CONTENDS THAT:

In December 1996, as a member of the XXXXX Air National Guard (XXANG), he had tried to transfer from XXANG to the XXXth Air Force Reserve at Andrews AFB in Maryland.  His unit commander signed a conditional release but his squadron commander refused to sign the final out-processing form and give him his records.  He called his unit every day until February 1997 when he left for his new assignment in Maryland.  After approximately four months of calling his XXXX unit while at Andrews AFB, he received his discharge papers from the XXANG.  He contends he has been trying to contact the unit over the years by calling them approximately every two months or so but can find no one who will talk with him.  He contends that race may have played a role in his and another black male’s attempts to transfer out of the XXANG.  He contends his unit blamed retention issues for not allowing him to transfer, but he notes that several airmen transferred before and after he left.  He wants to continue his military career.

In support of his appeal, the applicant has provided a personal statement, a copy of his National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, and a copy of his application to the Discharge Review Board (DRB). 

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

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STATEMENT OF FACTS:

Applicant began his military career on 14 August 1991.  The applicant received an Article 15 for Misconduct on 7 August 1995 while still a member of the Air Force Reserve.  On 21 August 1995, he enlisted in the XXANG as a senior airman (SRA/E-4).  He was counseled several times for financial irresponsibility and was given numerous chances to reconcile his financial standing prior to his discharge.  On 1 May 1997, he was discharged from the WYANG with a general discharge and was listed as ineligible to reenlist.  He had served for 5 years, 8 months and 18 days and was serving in the grade of SRA at the time of his discharge.

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AIR FORCE EVALUATION:

ANG/DPP recommends denial.  DPP contends the discharge proceedings were conducted in accordance with prescribed directives and found to be legally sufficient by the State Judge Advocate.  

ANG/DPP’s complete evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is writing to contest the information given by the XXANG.  He states that on 7 August 1995, he was a member of the Army National Guard and not the Air Force Reserve.  He did experience financial problems in October and November 1996.  He had a personal check for $27 returned and was removed from flight status until the debt had been paid.  He paid it and returned to flight status.  He states if there were more financial irresponsibility then what he mentioned in this correspondence he would like to see the evidence.  He contends there were no other financial problems.  He states most of the problems he experienced in 1996 were due to a relationship break-up and that while a break-up doesn’t make his actions right, he didn’t see the break-up coming and it was a little rough on him.  He asked for a transfer to Andrews AFB on 12 December 1996 where he had a fulltime job waiting for him.  He states there were a couple of officers who were angry with him for leaving the unit before he had given them enough time to equal what it cost the unit to send him to flight engineer school.  While waiting for a decision from the XXANG, he gave up his home and lived in a hotel for a month on F. E. Warren AFB.  He called the unit many times before he was discharged but no one would talk to him.  He has a witness to the times he called.  He is also angry that he applied for the transfer in December 1996 and heard nothing from the unit until March 1997 causing him to lose three months of pay.  He has worked very hard to accomplish what he has and wants nothing more than to finish serving his time.

Applicant’s response is 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 an error or injustice in regard to his request that his general discharge be upgraded to honorable.  After a thorough review of the documentation provided in support of his appeal and the evidence of record, it is our opinion that given the circumstances surrounding his separation from the WYANG, the discharge assigned to the applicant was proper and in compliance with the appropriate directives.  Applicant has not provided any evidence, which would lead us to believe otherwise.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to upgrade the discharge.

4.  Notwithstanding the aforementioned, we note the applicant’s WYANG commander signed a conditional release when the applicant appeared to procure an Air Force Reserve position with a unit in Maryland that indicated his desire to continue serving.  Additionally, it appears that had the applicant not been discharged by the XXANG, the unit in Maryland would have accepted him into a position they had already offered him with a conditional release from the XXANG.  We feel he should have the chance to be considered for reenlistment.  Whether or not he is successful will depend on the needs of the ANG and our recommendation in no way guarantees that he will be allowed to return to any branch of the service.  Accordingly, we recommend that his records be corrected to the extent indicated below.

5.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 1 May 1997, he was discharged with a reenlistment eligibility of “Eligible.”
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The following members of the Board considered this application in Executive Session on 27 April 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Mar 03, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPP, dated 5 Mar 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.
    Exhibit E.  Letter, Applicant, dated 16 Mar 04.

                                   

AFBCMR BC-2003-02990

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 1 May 1997, he was discharged with a reenlistment eligibility of “Eligible.”