RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04134 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Block 8b, Effective Date, of his National Guard Bureau (NGB) Form 22, National Guard Bureau Report of Separation and Record of Service; be changed from 30 September 2000 to 7 April 1998. _________________________________________________________________ APPLICANT CONTENDS THAT: According with Air Force Instruction 36-3209, Paragraph 3.13.2, Unsatisfactory Participation, Subparagraph 2.1; a member can be discharged for failure to attend nine Unit Training Assemblies (UTA) periods. The Nevada Air National Guard (ANG) waited an excessive amount of nearly three years to discharge him, even after they received his letter requesting separation. In support of his appeal, the applicant provides a personal statement and copies of his NGB Form 22, a letter to his commander, a letter from the Defense Finance and Accounting Service (DFAS) cancelling his debt for unpaid Servicemen’s Group Life Insurance premiums, and an ANG/USAFR Point Credit Summary. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a current member of the Michigan ANG serving in the grade of technical sergeant (E-6). While previously serving with the Nevada ANG, the applicant was discharged for unsatisfactory participation with a general (under honorable conditions) discharge due to his failure to attend UTAs. The remaining relevant facts, extracted from the applicant’s service record, are contained in the evaluation provided by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1POE recommends denial. A1POE states the applicant has provided no evidence to substantiate an error or injustice. In referencing the governing AFI, the applicant does not cite the proper wording of the AFI by indicating a member is discharged when he/she does not participate for nine UTA periods. AFI 36- 320, Paragraph 3.13.2.1.1, actually states “Member may be discharged when the member has accumulated nine or more unexcused absences from UTA within a 12-month period.” The documents provided indicate the applicant was given a three month leave of absence (LOA) in March of 1997 to attend to “personal business” and, was due to return to UTAs in July 1997. He failed to return and was notified of his unexcused absence for the 12-13 July 1997 UTAs. The applicant contacted the unit via e-mail on 28 January 1998 stating that he continued to have personal problems and was hoping to relocate out of the area. On 9 January 1999, his commander notified the applicant that another period of LOA had expired and he was to attend scheduled UTAs. Subsequently, his commander notified the applicant of his unexcused absences for the August 1999, September 1999, and October 1999 UTAs (a total of 6 days/12 periods). On 8 May 2000, his commander notified the applicant that he was being recommended for discharge from the ANG for unsatisfactory participation under the provisions of AFI 36-3209, Paragraph 3.13.2., with a general (under honorable conditions) discharge. The applicant was subsequently discharged effective 30 September 2000. It is A1POE’s opinion that his commander attempted to work with the applicant by granting him at least two LOAs in order to attend to his personal problems. The AFI states a member may be discharged and does not state the member must be discharged. In addition, the AFI indicates that members can be discharged when the commander has determined the individual has no potential for useful service. A1POE indicates that after speaking to the applicant, it appears the real reason for his request is to adjust his service dates so that he can qualify for a reenlistment bonus. The complete NGB/A1POE evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 January 2011, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ 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 an 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 Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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-2010-04134 in Executive Session on 28 July 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-04134: Exhibit A. DD Form 149, dated 20 Oct 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, NGB/A1POE, dated 8 Dec 10, w/atch. Exhibit D. Letter, SAF/MRBR, dated 7 Jan 11.