RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02758 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “4” (Condition barring immediate reenlistment – not waiverable) be changed to “3” (Condition barring immediate reenlistment – waiverable within the Air Force) in order to make him eligible to reenlist. ___________________________________________________________________ APPLICANT CONTENDS THAT: He served honorably for 2 years in the Air National Guard (ANG). Prior to joining the ANG he served in the Marines and completed his Associates degree. While serving in the ANG he washed out of Combat Controller School; however, he then joined the North Carolina ANG and completed training as an Air Traffic Controller; he deployed to Iraq. Upon returning from Iraq, his troubles began when his marriage and financial situation fell apart. Later, he finished his Bachelor’s degree in Professional Aeronautics. He wishes to further his education and go back in the military. He would like a favorable consideration to his request which will give him a second chance to serve in the military. In support of his request, the applicant provides a copy of a personal letter, copies of his NGB Form 22, National Guard Bureau Report of Separation and Record of Service, and copies of his DD Form 214, Certificate of Release or Discharge from Active Duty. His complete submission, with attachments, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s NGB Form 22, it appears he has 11 years, 6 months, and 13 days of total service for pay. He received a general (under honorable conditions) discharge on 25 Oct 05 in the grade of airman first class (E-2). ___________________________________________________________________ AIR FORCE EVALUATION: NGB/A1POE recommends denial. A1POE states the applicant was separated for unsatisfactory participation after missing more than nine unexcused absences from training. The applicant should have received a letter of notification prior to his separation that would have included the reason for this action, an explanation of his right to consult with counsel and the right to submit statements on his own behalf. The applicant does not show any evidence of an error or injustice occurring; therefore, A1POE cannot support this request. The NGB/A1POE complete evaluation is at Exhibit B. NGB/A1PS recommends denial. A1PS agrees with A1POE to deny the applicant’s request. The NGB/A1PS complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 27 Aug 10 for review and comment within 30 days. 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant’s contentions are duly noted; however, we are not persuaded that the applicant has been the victim of an error or injustice. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. After a thorough review of the evidence of record, we believe that given the circumstances surrounding the applicant’s separation, the RE code issued was in accordance with the appropriate directives. Therefore, we find no basis upon which to recommend favorable action on 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-2010-02758 in Executive Session on 20 Sep 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Jul 10, w/atchs. Exhibit B. Letter, NGB/A1POE, dated 18 Aug 10. Exhibit C. Letter, NGB/A1PS, dated 23 Aug 10. Exhibit D. Letter, SAF/MRBR, dated 27 Aug 10. Panel Chair