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 Bachelors 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 applicants 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
applicants 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
applicants 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 applicants 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
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