RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03719
		INDEX CODE:  100.03

		COUNSEL:  NONE

		HEARING DESIRED: NO

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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:

His record of service was clean until about the last six months of his enlistment.  He had requested to be relieved of duty early as he lived 120 miles one-way from his unit.  He received his discharge paperwork about six months after leaving the unit and now realizes he made a mistake.  He has since made several efforts to contact personnel at his old unit and gets no answer and no one returns his calls.  He would like the chance to make his wrongs right again by being given the ability to reenlist in the Air National Guard (ANG) of XXXXX (XXANG).

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant, a former member of the XXXX ANG (XXANG), was discharged on 16 July 2001 for unsatisfactory participation.  He had served a total of eight years, four months, and five days of Reserve and active service.  He was discharged as a Staff Sergeant (SSgt/E-5) with a general (Under Honorable Conditions) discharge.

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI cites Air Force Instruction (AFI) 36-3209, paragraph 3.13.2.1 where it states that ANG members may be discharged for unsatisfactory participation when the member has accumulated nine or more unexcused absences within a 12-month period.  Additionally, DPPI notes AFI 36-3209 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 attachment, 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 19 March 2004 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.  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; however, we agree with the opinion and recommendation of the Air National Guard 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-2003-03719 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 25 Oct 03. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 5 Mar 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Mar 04.