RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00849
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment code of ineligible be changed to allow him
reentry into the Air National Guard (ANG).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He has a 1 reenlistment code and would like to reenlist with
his previous ANG unit.
He used the prescription drug Strattera for less than a month
and he was discharged.
He was on Ritalin as a child while in school; however, he
thought he would do better in college if he were to take
Strattera.
He was coded as ineligible for worldwide deployment and he feels
this was untrue because he was deployed for two months and this
was three months prior to his discharge. He served eight years
in the military and never had a problem.
He started college in January 2009 and has made the Deans List
every semester he has attended. He is a member of the Phi Theta
Kappa (International Honors Society) and has an accumulated 3.58
grade point average. He has not taken Strattera since 2005.
In support of his request, the applicant provides copies of
personal statements, his NGB Form 22, National Guard Bureau
Report of Separation and Record of Service, an unofficial
transcript, and a note from his physician.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available records indicate the applicant entered the ANG on
5 Apr 03 and was progressively promoted to the grade of senior
airman. He was honorably discharged on 18 Nov 05, with the
narrative reason for discharge as ineligibility for worldwide
deployment, and ineligible for his reenlistment eligibility.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PS recommends denial and states they concur with
NGB/A1POE. A1POE states the applicant provides no evidence to
show an error or injustice occurred.
Further, AFI 36-3209, Separation and Retirement Procedures for
Air National Guard and Air Force Reserve Members, states,
separate or discharge an ANG member who is not qualified or
eligible for worldwide deployment. The commander initiates
action under this authority upon determination that such
conditions exist. Table 3.1, states, Voluntary or involuntary
discharge or separation of enlisted personnel Rule 14 directs
that members separated under this rule are not board eligible
and notification procedures listed in Chapter 4 are not
required.
The complete NGB/A1PS evaluation, with attachments, is at
Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 3 Sep 10 for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
response.
_________________________________________________________________
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; however, we agree with the opinion and recommendation
of the Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion 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.
_________________________________________________________________
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 Docket Number
BC-2010-00849 in Executive Session on 14 October 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Feb 10, w/atchs.
Exhibit B. Letter, NGB/A1PS, dated 24 Aug 10, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 3 Sep 10.
Panel Chair
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