RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01353
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) status be changed to
eligible.
________________________________________________________________
APPLICANT CONTENDS THAT:
He ended his enlistment in the West Virginia Air National Guard
(WVANG) after completing three years with an honorable
discharge. He satisfactorily participated in all of his drills,
had no disciplinary problems, claims, actions against him, or
medical issues which would have rendered him ineligible for
reenlistment. He does not understand the ineligible code and
would like to have it changed so that he can enlist in the Coast
Guard.
In support of his appeal, the applicant provides a personal
statement and a copy of his National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, issued in
conjunction with his 4 April 2000 discharge.
The applicants complete submission is attached.
________________________________________________________________
STATEMENT OF FACTS:
Based on the available evidence of record, the applicant
enlisted in the WVANG on 5 Apr 97 in the grade of senior airman
(SrA/E-4), his grade at discharge.
On 4 April 2000, he was honorably discharged from the WVANG and
the Reserve of the Air Force under the provisions of AFI 36-
3209, with a reason for separation of expiration term of service
and a RE status of ineligible. He was credited with 3 years of
service during this period and 9 years, 4 months, and 27 days of
total service for pay.
________________________________________________________________
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. Based upon the
presumption of regularity in the conduct of governmental affairs
and without evidence to the contrary, we must assume the
applicant's discharge and reenlistment status was proper and in
compliance with appropriate directives. While we note the
applicants contentions that he is not certain as to the reasons
surrounding his reenlistment status, should he provide
additional information from his former unit commander or chain
of command to support his appeal, we may be inclined to
reconsider his petition. Therefore, based on the available
evidence of record, we find no basis upon which to favorably
consider this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2010-01353 in Executive Session on 18 November 2010,
under the provisions of AFI 36-2603:
The following documentary evidence was considered:
DD Form 149, dated 7 Apr 10, with attachments.
Panel Chair
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