RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04132 

 

 XXXXXXX COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

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THE APPLICANT REQUESTS THAT: 

 

His reenlistment eligibility (RE) code of “ineligible” be 
changed to “eligible.” 

 

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THE APPLICANT CONTENDS THAT: 

 

His RE code of ineligible is preventing him from joining the 
United States Army active duty component. While in the Air 
National Guard, his right shoulder dislocated and he was 
separated due to medical disqualification. He has not had any 
problems with his shoulder during the past 13 years and his 
civilian doctor confirms he has full use of his shoulder without 
difficulty. 

 

In support of his appeal, the applicant provides a copy of his 
National Guard Bureau (NGB) Form 22, Record of Separation and 
Record of Service, issued in conjunction with his 30 Sep 97 
separation from the ANG; a copy of a letter from his civilian 
physician, dated 3 Sep 10; an extract from his servicemember 
medical record, and a congressional inquiry submitted by his 
Member of Congress. 

 

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

 

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STATEMENT OF FACTS: 

 

The relevant facts pertaining to this application, extracted 
from the applicant’s military records, are contained in the 
letter prepared by the appropriate office of the Air Force. 

 

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THE AIR FORCE EVALUATION: 

 


NGB/A1PS recommends denial, stating, in part, based on 
information from the subject matter expert (SME), the applicant 
was discharged in accordance with (IAW) AFI 36-3209, Separation 
and Retirement Procedures for Air National Guard and Air Force 
Reserve Members, para 3.16., “Entry Level Performance and 
Conduct,” not a medical discharge. Entry level separations are 
defined as discharges without service characterization. This is 
complete severance from all military status gained by the 
enlistment or induction concerned. The applicant should have 
been officially notified concerning his separation action. 

 

The complete NGB/A1PS evaluation, with attachment, is at 
Exhibit C. 

 

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 Dec 10 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(Exhibit D). 

 

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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. The Air National Guard office of primary 
responsibility has pointed out that in accordance with (IAW) the 
governing directives, Air National Guard (ANG) members are 
separated for entry level performance and conduct if they are 
discharged within 365 days of their enlistment. While records 
that show the reason for the applicant’s separation are not 
available, based upon the presumption of regularity in the 
conduct of governmental affairs and without evidence to the 
contrary, we must assume that the applicant's RE status was 
proper and in compliance with appropriate directives. The 
applicant’s RE status of ineligible appears appropriate based on 
his entry level separation with uncharacterized service. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application. 

 

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THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2010-04132 in Executive Session on 19 July 2011, under 
the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 27 Oct 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PS, dated 23 Nov 10, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 10 Dec 10. 

 

 

 

 

 Panel Chair