Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-02983
Original file (BC-2005-02983.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02983
            INDEX CODE:  100.06

            COUNSEL:  NONE

            HEARING DESIRED: YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 2C be changed to 1C allowing
him the opportunity to reenlist.

_________________________________________________________________

APPLICANT CONTENDS THAT:

As a military trainee from the Delaware  Air  National  Guard  (DEANG)
attending Basic Military Training  (BMT),  instructors  and  associate
personnel harassed him while he was going through BMT.   He  feels  he
was racially discriminated against and was treated unfairly.   Had  he
known the ramifications of leaving BMT under the  conditions  he  left
in, he would have stayed.  He was never told he  would  be  discharged
and not be allowed to reenlist.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement, copies of his discharge paperwork from the DEANG  including
an order, copies of his National Guard Bureau (NGB) Form 22, Report of
Separation and  Record  of  Service,  and  copies  of  his  subsequent
complaint through Air Education & Training  Command  (AETC)  Inspector
General Complaint Resolution Division (AETC/IGQ).

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the DEANG  on  25  May  2005  and  attended  BMT
beginning 15 June 2005.   He  presented  to  the  Behavioral  Analysis
Service (BAS) of Wilford Hall Medical Center on 29 June 2005 where  he
expressed suicidal ideations during his evaluation either  through  an
overdose of pills or by cutting himself with his razor.   He  admitted
to being afraid of these thoughts and consequently believed  that  BMT
was too much for him to handle.   He  was  diagnosed  with  Adjustment
Disorder with Anxiety.  The BAS stated  his  diagnosis  did  not  meet
retention standards for continued military service and recommended  he
be returned to his command for administrative separation.  He returned
to the DEANG and was subsequently separated on 7  July  2005  with  an
entry level discharge and an RE code of “Ineligible”.  He had served a
total of 1 month and 14 days.

_________________________________________________________________

AIR FORCE EVALUATION:

NGB/A1POF recommends denial.  A1POF states he was discharged from  the
DEANG as a result of  an  Air  Force  Evaluation  Report  of  his  BMT
experience  and  performance.   His  discharge  and  ineligibility  to
reenlist are both correct and in accordance with Air Force Instruction
(AFI) 36-3209.

A1POF’s complete evaluation, with attachments, 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
April 2006 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  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 office of primary responsibility that the discharge was
in compliance with the governing AFI.  We find no evidence of error in
this case and after thoroughly reviewing the  documentation  that  has
been submitted in support of applicant's appeal, we do not believe  he
has suffered from an injustice.  Therefore,  based  on  the  available
evidence of record, we find no basis upon which to favorably  consider
this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-
2005-02983 in Executive Session on 16 May 2006, under  the  provisions
of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Panel Chair
      Ms. Janet I. Hassan, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Sep 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, NGB/A1POF, dated 3 Apr 06, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Apr 06.




                                   THOMAS S. MARKIEWICZ
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2006 | BC-2005-03053

    Original file (BC-2005-03053.doc) Auto-classification: Denied

    The State HQ based their denial of his promotion on ANG Instruction (ANGI) 36-2502, wherein it is stated members on 4-P (permanent) medical status are not eligible for promotion consideration. A1POF contends he was denied promotion on 6 February 2004 by the TXANG as he was ineligible in accordance with ANGI 36-2502, Promotion of Airmen, and Air Force Instruction (AFI) 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members. ...

  • AF | BCMR | CY2006 | BC-2005-01371

    Original file (BC-2005-01371.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01371 INDEX CODE: 110.03 COUNSEL: HARRY KONST HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to reflect 20 years of active duty service, a subsequent active duty retirement, and a pilot bonus he would have received had he been selected for any one of several positions he had applied for but...

  • AF | BCMR | CY2006 | BC-2005-03582

    Original file (BC-2005-03582.doc) Auto-classification: Denied

    A1POF’s complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant agrees with the ANG that his discharge was handled with all applicable regulations, however, the WYANG acted on “bad” information provided by his doctor. He contends he was too young at the age of 38 to have contracted a bipolar disorder and instead asserts he suffered from a “situation” disorder based on many personal changes...

  • AF | BCMR | CY2006 | BC-2005-03913

    Original file (BC-2005-03913.doc) Auto-classification: Denied

    Therefore, he should have been promoted via the Reserve Office Promotion Act (ROPMA) in 1999, his seventh year of time in grade (TIG) as a captain. A1POF states he was, in fact, considered by the fiscal year 2000 (FY00) Air National Guard Major mandatory promotion board and was not selected making him a once-deferred officer. 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...

  • AF | BCMR | CY2006 | BC-2005-02719

    Original file (BC-2005-02719.doc) Auto-classification: Denied

    On 27 December 1983, he was honorably discharged from the Maryland Air National Guard for Expiration Term of Service (ETS) after having served for 16 years and 6 months. After a review of the evidence of record and applicant's submission, we are not persuaded that his uncorroborated assertion he was discharged for being six pounds overweight, in and by itself, sufficiently persuasive to override the rationale provided by the Air National Guard. Exhibit C. Letter, SAF/MRBR, dated 31 Mar 06.

  • AF | BCMR | CY2007 | BC-2006-01940

    Original file (BC-2006-01940.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01940 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Block 26, Reenlistment Eligibility, of his NGB Form 22, Report of Separation and Record of Service, be changed to read “Eligible”, rather than “Ineligible.” _________________________________________________________________ APPLICANT...

  • AF | BCMR | CY2006 | BC-2005-02974

    Original file (BC-2005-02974.doc) Auto-classification: Denied

    He had been promoted to the Reserve grade of major in 1997 and had retained that rank up to his transfer to the Retired Reserve. On 3 November 2003, he applied for transfer to the Retired Reserve. _________________________________________________________________ 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...

  • AF | BCMR | CY2006 | BC-2005-01562

    Original file (BC-2005-01562 .doc) Auto-classification: Denied

    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 office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate...

  • AF | BCMR | CY2006 | BC-2005-03580

    Original file (BC-2005-03580.doc) Auto-classification: Denied

    Additionally, because he was considered a two-time passover for promotion to lieutenant colonel, he was notified he would be retired as required by law effective 1 April 2001. He did not complete the training because of his retirement from military service effective 1 April 2001. The particular member was never the applicant’s supervisor and his duties and responsibilities at the time were far- removed from the applicants.

  • AF | BCMR | CY2013 | BC 2013 03242

    Original file (BC 2013 03242.txt) Auto-classification: Denied

    In this case, the applicant indicated his urinary incontinence was exacerbated by over-hydrating during the day and he should be granted a waiver to continue his service. A complete copy of the AFPC/DPSOR evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant argues that the only time he should have been prevented from participating in his graduation was during the time he was experiencing...