RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02885
INDEX CODE: 110.02
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His separation code and narrative reason for separation be changed to allow
his return to military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Although he did have military injuries upon his separation, the spirit
of his request was misinterpreted. While he was still in the service,
he was always fully deployable and could perform his duties. He also
has proven he is fit to fight.
In support of his appeal, the applicant provides an expanded statement
and extracts from his military personnel and medical records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant's available military personnel records indicate he was
appointed a second lieutenant, Reserve of the Air Force, on 14 Jun 97
and was voluntarily ordered to extended active duty on 14 Aug 97. On
3 Jul 04, he was released from active duty under the provisions of AFI
36-3207 (Completion of Required Active Service) and transferred to the
Air Force Reserve. He was credited with 6 years, 10 months, and 20
days of active service.
On 4 Jul 04, he was voluntarily ordered to extended active duty. On
15 Jul 06, he was released from active duty under the provisions of
AFI 36-3207 (Voluntary Based on Hardship), with a separation code of
FDB. He was credited 2 years and 12 days of active service, and 8
years, 11 months, and 8 days of total prior active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFRC/AIB recommends denial indicating the applicant is eligible, with
an approved waiver, to reenter the Air Force Reserve. However, if the
Board elects to grant relief, they recommend the narrative reason for
discharge be changed to miscellaneous reasons and the separation code
to FND.
A complete copy of the AFRC/AIB evaluation, with attachment, is at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant indicates the 141st Air Refueling Wing, Air National Guard
(ANG), has hired him to fill one of their intelligence officer slots,
which has been a long and difficult process. However, the National
Guard Bureau (NGB) has indicated that his separation document needs to
be reclassified as a normal separation before he could be considered
as a gain. He is currently ineligible to serve in the ANG and it is
against NGB policy to grant him a waiver. Becoming an intelligence
officer has been his lifelong dream and he implores the Board's
assistance in helping him to fulfill his dream.
Applicant's complete response, with attachment, is at Exhibit E.
_________________________________________________________________
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. The available evidence of record
reflects the applicant voluntarily resigned his commission based on
hardship reasons. He now believes his narrative reason for separation
and corresponding separation code are precluding his service in the
ANG. However, we find no evidence which would lead us to believe that
his voluntary separation based on the aforementioned reasons was
improper or contrary to the governing directive under which it was
effected. Therefore, in the absence of sufficient evidence his
decision was a result of coercive factors, we conclude the applicant
has failed to sustain his burden of establishing that he has suffered
either an error or an injustice. Accordingly, we find no compelling
basis to recommend granting the relief sought in this application.
Notwithstanding the above, it appears the applicant’s narrative reason
for separation would not be a bar to his military service in a Reserve
component if the respective component desired to grant him a waiver.
_________________________________________________________________
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-
2007-02885 in Executive Session on 4 Mar 08, under the provisions of
AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Garry G. Sauner, Member
Ms. Teri G. Spoutz, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Sep 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFRC/A1B, dated 26 Dec 07, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 11 Jan 08.
Exhibit E. Letter, applicant, dated 21 Jan 08, w/atchs.
JAMES W. RUSSELL III
Panel Chair
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