RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00926
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His characterization of service be upgraded from General, (Under Honorable Conditions) to Honorable and that his reenlistment eligibility be changed to “Eligible.” 
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APPLICANT CONTENDS THAT:

He had been going through a very serious personal time in his life in which he had recently married and had a son on the way.  He was not employed full-time and all efforts at full-time employment with the Air National Guard (ANG) were fruitless.  His mother was undergoing treatment for cancer that ultimately took her life.  He is hoping for some leniency in that he would like to be allowed to return to duty and serve his country.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the NHANG on 2 February 1994 in the grade of Airman First Class (A1C/E-3).  He was recommended for discharge for non-participation.  On 13 November 1995, he had   27 unexcused absences from Unit Training Assemblies (UTAs) from 11 March 1995 to 15 October 1995.  Prior to his commander’s recommendation of involuntary discharge the applicant had been demoted for non-participation from the grade of Senior Airman (SRA/E-4) to Airman First Class (A1C/E-3), effective 16 June 1995.  On 15 November 1995, he was notified that he was being involuntarily discharged from the NHANG for non-participation, with a service characterization of General (Under Honorable Conditions).  On 19 January 1996, he was discharged for unsatisfactory participation with a general (Under Honorable Conditions) discharge and a reenlistment eligibility of “Ineligible” after serving a total of 8 years, 5 months, and 19 days of combined Reserve and active duty service.  

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  DPPI notes his statement that he has no records that would show an error or injustice exists in his case.  In accordance with Air National Guard Instruction (ANGI) 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, “…members may be discharged when the member has accumulated nine or more unexcused absences from UTA within a 12-month period.”  The discharge proceedings were conducted in accordance with prescribed directives and the State’s Staff Judge Advocate found the discharge legally sufficient.

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 1 July 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 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 his situation at the time and appreciate his efforts to care for his family, there was simply no evidence presented that justified granting the requested relief.  Therefore, 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.

The following members of the Board considered AFBCMR Docket Number BC-2004-00926 in Executive Session on 10 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Apr 04. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 18 Jun 04, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 1 Jul 04.