RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-04132
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His reenlistment eligibility (RE) code of ineligible be
changed to eligible.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
His RE code of ineligible is preventing him from joining the
United States Army active duty component. While in the Air
National Guard, his right shoulder dislocated and he was
separated due to medical disqualification. He has not had any
problems with his shoulder during the past 13 years and his
civilian doctor confirms he has full use of his shoulder without
difficulty.
In support of his appeal, the applicant provides a copy of his
National Guard Bureau (NGB) Form 22, Record of Separation and
Record of Service, issued in conjunction with his 30 Sep 97
separation from the ANG; a copy of a letter from his civilian
physician, dated 3 Sep 10; an extract from his servicemember
medical record, and a congressional inquiry submitted by his
Member of Congress.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force.
________________________________________________________________
THE AIR FORCE EVALUATION:
NGB/A1PS recommends denial, stating, in part, based on
information from the subject matter expert (SME), the applicant
was discharged in accordance with (IAW) AFI 36-3209, Separation
and Retirement Procedures for Air National Guard and Air Force
Reserve Members, para 3.16., Entry Level Performance and
Conduct, not a medical discharge. Entry level separations are
defined as discharges without service characterization. This is
complete severance from all military status gained by the
enlistment or induction concerned. The applicant should have
been officially notified concerning his separation action.
The complete NGB/A1PS evaluation, with attachment, is at
Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 10 Dec 10 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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. The Air National Guard office of primary
responsibility has pointed out that in accordance with (IAW) the
governing directives, Air National Guard (ANG) members are
separated for entry level performance and conduct if they are
discharged within 365 days of their enlistment. While records
that show the reason for the applicants separation are not
available, based upon the presumption of regularity in the
conduct of governmental affairs and without evidence to the
contrary, we must assume that the applicant's RE status was
proper and in compliance with appropriate directives. The
applicants RE status of ineligible appears appropriate based on
his entry level separation with uncharacterized service.
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 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-2010-04132 in Executive Session on 19 July 2011, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Oct 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PS, dated 23 Nov 10, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 10 Dec 10.
Panel Chair
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