RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-02016
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His uncharacterized discharge be upgraded to honorable.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Prior to his assignment with the Chaplain Support Service Personnel (CSSP)
on 8 Mar 98, he was instructed that if his technical school start date was
not assigned one year after his enlistment, he would have the option to
stay in or leave the Tennessee Air National Guard (TANG).
At one year of service, he was presented the offer to continue service or
separate from the TANG. He elected to leave with the possibility of
returning; however, when he tried to return he was denied reenlistment.
During his year in service, he reported for duty every month and was not
discharged because of any other reasons.
He has tried to get clarification from the TANG; however, they only
provided a general description of an Entry Level Separation. He would like
to serve in the military and/or become a police officer but cannot due to
his discharge characterization.
In support of his request, the applicant submits a personal statement and
copies of his NGB Form 22, National Guard Bureau Report of Separation and
Record of Service and special orders.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was discharged from the Air National Guard on 2 Mar 99. He
served 11 months and 25 days.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letters prepared by
the appropriate office of the Air Force at Exhibits B and C.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends denial and concurs with the NGB/A1POE review and
comments.
The complete A1PS evaluation is at Exhibit B.
NGB/A1POE recommends denial. A1POE states the applicant was separated in
accordance with AFI 36-3209, Separation and Retirement Procedures for Air
National Guard and Air Force Reserve Members, Paragraph 3.16, “Entry Level
Performance and Conduct.” Entry level separation is defined as “Discharge
from entry level status without service characterization. This is complete
severance from all military status gained by the enlistment or induction
concerned.” While the applicant states that he reported to duty and served
as CSSP for one year that service was while he was in an entry-level status
and is why his service was not characterized.
The complete A1POE evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states he was not able to contact anyone who worked with him
at the time in question.
In addition to his initial request, the applicant also requests his status
be changed from “Ineligible” to “Eligible.”
The applicant’s complete submission 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 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 an error or injustice. We took notice of the applicant’s
complete submission in judging the merits of the case; however, we agree
with the opinions and recommendations of the Air Force office of primary
responsibility and adopt their rationale as the basis for our conclusion
that the applicant has not been the victim of an error or injustice.
Therefore, in the absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application. Additionally, we
note the applicant’s request to change his reenlistment eligibility from
“Ineligible” to “Eligible”; however, this constitutes a new request. As
such, the applicant should submit a DD Form 149, to the Air Force address
on the back of the form, along with any supporting documents for
consideration by the Board.
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 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 BC-2009-02016 in
Executive Session on 27 Jul 10, under the provisions of AFI 36-2603:
, Vice Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Jun 09, w/atchs.
Exhibit B. Letter, NGB/A1POE, dated 11 Mar 10, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 28 May 10.
Exhibit D. Letter, Applicant, dated 24 Jun 10.
Vice Chair
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