RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01596
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His DD Form 214, Certificate of Release or Discharge from Active Duty
and his NGB Form 22, Report of Separation and Record of Service be
corrected to reflect:
a. His service characterization as honorable and a Reentry (RE)
code of “1”, and a narrative reason for separation of “Convenience of
the Government.”
b. Award of the Army Service Ribbon and Army Achievement Medal.
c. His correct Social Security Number (SSN) on his NGB Form 22.
d. His date of separation on both forms as 28 Feb 10.
e. The Armed Forces Reserve Medal with two devices rather than
one device.
g. His Date of Rank (DOR) to E5 as 1 Jul 07.
h. He receive service credit and back pay for 469 days.
He also requests Special Order AW-187 be amended to reflect his
correct address.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The errors on his DD Form 214 and NGB Form 22 and his early separation
were the result of a pattern of misconduct by his chain of command.
Their actions have dramatically affected his military and post-
military careers. Their behavior was unprofessional and unethical.
In support of his request, the applicant provides a personal statement
and copies of documents extracted from his military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The NGB Form 22 reflects the applicant enlisted in the New York Air
National Guard (ANG) on 1 Mar 01. On 6 Jan 08, he was discharged
with a general discharge with a narrative reason for separation of
minor disciplinary infractions and an RE code of 6T
(Unsatisfactory/potential unsatisfactory participant). He served four
years, eight months and nine days of total service for pay.
His DD Form 214 reflects he enlisted in the Air Force ANG on
15 Aug 06. He was honorably released on 27 Mar 07 due to
demobilization.
On 10 Dec 10, NGB/A1PS informed the applicant that he had not
exhausted the administrative remedies regarding his application for
correction of his military records. They further informed him of the
administrative remedies available to him concerning his requests.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POE recommends denial of the applicant’s request for back pay
and promotion. However, A1POE recommends the applicant pursue
resolution of his requests for a change of reason for discharge,
correction of his social security number, and decorations through the
available administrative remedies of the Discharge Review Board (DRB)
and the Air Reserve Personnel Center (ARPC).
In regards to the applicant’s request for back pay and promotion, Air
National Guard Instruction 36-2502, Promotion of Airmen, states: ”The
fact a member meets each of the eligibility criteria outlined in this
instruction does not automatically guarantee promotion to the next
higher grade. Meeting minimum eligibility criteria only indicates
that a member can be considered eligible for promotion. Promotion is
not a reward for past performance, but recognition of the member’s
potential to successfully serve in the higher grade.” The instruction
further states “Prior to promotion to any grade, the immediate
commander must first recommend the airman.”
The applicant is not eligible for back pay because he did not perform
the duty. In accordance with Title 10, United States Code (U.S.C.),
Section 12732, members must participate to earn points.
The complete NGB/A1POE evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4
Feb 11, for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has not 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 an 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
offices of primary responsibility and adopt their rationale as the
basis for our decision that the applicant has failed to sustain his
burden of proof of the existence of either an error or injustice. We
further note the applicant has failed to utilize the administrative
remedies available to him; we suggest he contact the appropriate
offices indicated by the OPRs. Should he not be able to obtain the
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 AFBCMR Docket Number BC-
2010-01596 in Executive Session on 4 May 11, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 20 Apr 10, w/atchs.
Exhibit B. Letter, NGB/A1POE, 9 Aug 10.
Exhibit C. Letter, NGB/A1PS, dated 10 Dec 10.
Exhibit D. Letter, SAF/MRBR, dated 4 Feb 11.
Panel Chair
AF | BCMR | CY2011 | BC-2011-04184
A1POE states, in accordance with the applicants point credit summary, he did not participate in enough UTA days from his initial enlistment date of 20 Sep 2008 to the date of the erroneous discharge, on 1 Aug 2010. ________________________________________________________________ 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;...
AF | BCMR | CY2010 | BC 2010 02758
___________________________________________________________________ APPLICANT CONTENDS THAT: He served honorably for 2 years in the Air National Guard (ANG). 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. ...
AF | BCMR | CY2011 | BC-2011-03610
This time enclosed was a NGB 22, stating that he was discharged with 5 years and 11 days of service and that he was eligible for reenlistment into the Armed Forces. After reviewing the applicants discharge notification package, dated 22 Mar 06, it was validated that the member was recommended for discharge for failing to maintain contact with the unit to schedule a date to attend BMT or attend Unit Training Assembly (UTA) weekends, which constituted substandard performance on the...
AF | BCMR | CY2010 | BC-2010-00813
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00813 COUNSEL: HEARING DESIRED: YES __________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to give him Whistleblower protection; show his graduation from Air War College (AWC); his reinstatement to the New York Air National Guard (NYANG) or comparable posting; promotion to the grade of colonel (O-6) backdated to the...
AF | BCMR | CY2011 | BC-2011-04827
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04827 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code 6H, which denotes Pending Discharge in accordance with ANGR 39-10 Involuntary (ANG Only), be removed from his records. The remaining relevant facts pertaining to this application, extracted from the...
AF | BCMR | CY2009 | BC-2009-01044
His retired pay is based on 2,680 retirement points and over 33 years of service for basic pay in the grade of technical sergeant. The complete DPP evaluation, with attachments, is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and provided copies of documents associated with the events cited in his appeal. After a thorough review of the available evidence and the...
AF | BCMR | CY2009 | BC 2009 01044
His retired pay is based on 2,680 retirement points and over 33 years of service for basic pay in the grade of technical sergeant. The complete DPP evaluation, with attachments, is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant reviewed the advisory opinion and provided copies of documents associated with the events cited in his appeal. After a thorough review of the available evidence and the...
AF | BCMR | CY2009 | BC 2009 01152
On 5 October 2005, his commander signed a Notification of Intent to Discharge letter and recommended he be discharged with a general discharge. IAW AFI 36-3209 Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, a member is discharged for unsatisfactory participation when the commander concerned determines a member has no potential for useful service under conditions of full mobilization. ...
AF | BCMR | CY2012 | BC-2012-05966
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05966 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) code on his NGB Form 22, Report of Separation and Record of Service, be changed from 6U (Air National Guard (ANG) Not Selected for Retention by the Commander) to 6A (ANG Eligible to Reenlist/Extend Selected by...
AF | BCMR | CY2010 | BC-2010-00849
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. 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...