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AF | BCMR | CY2011 | BC-2011-00585
Original file (BC-2011-00585.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-00585 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The authority and reason for his separation, separation program 
designator (SPD) code, and reenlistment eligibility, as 
reflected on his NGB Form 22, National Guard Bureau Report of 
Separation and Record of Service, be changed so that he may be 
eligible to reenlist. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

An administrative error occurred during his discharge. His wing 
commander intended to allow him to be able to reenlist as 
evidenced by the comment “The member is eligible for 
reenlistment” in the memo directing his general (under honorable 
conditions) discharge. The commander’s intent is not reflected 
in his NGB Form 22 which renders him ineligible for 
reenlistment. 

 

In support of his request, the applicant provides a supporting 
statement. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Michigan Air National Guard (ANG) on 13 May 97 and was 
progressively promoted to the grade of technical sergeant (E-6). 

 

On 9 Jan 10, the applicant was notified by his commander of his 
intent to recommend his discharge from the Air National Guard 
and as a Reserve of the Air Force for Misconduct—Drug Abuse in 
accordance with AFI 36-3209, Administrative Separation of Air 
National Guard and Air Force Reserve Members. 

 


On 29 Sep 10, the applicant acknowledged receipt of the action 
and, after consulting with legal counsel, submitted a 
conditional waiver of his right to a board hearing, provided he 
receive no less than a general (under honorable conditions) 
character of service. 

 

On 12 Oct 10, the discharge authority directed the applicant’s 
discharge and on 12 Oct 10, the applicant was furnished a 
general (under honorable conditions) discharge from the Air 
National Guard and as a Reserve of the Air Force and was 
credited with 13 years and 5 months of total reserve service. 

 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the appropriate office of 
the Air Force which is at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

NGB/A1PS recommends denial, indicating there is no evidence of 
an error or injustice. The reason and authority for the 
applicant’s discharge, as annotated in block 23 of the NGB Form 
22, is AFI 36-3209, paragraph 3.21.3.2, which corresponds to 
drug abuse. In accordance with ANGI 36-2002, Enlistment and Re-
enlistment in the Air National Guard and as a Reserve of the Air 
Force, the reason for discharge makes the applicant ineligible 
to reenlist. While it may have been the commander’s intent to 
allow for the possibility of reenlistment, he may have been 
misinformed as to availability of this option for the applicant 
given the circumstances of his separation. 

 

A complete copy of the NGB/A1PS 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 24 Jun 11 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 timely filed. 

 


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 find no evidence of an error or 
injustice that occurred during the discharge process. Based on 
the available evidence of record, it appears the applicant’s 
general (under honorable conditions) discharge for drug abuse 
was consistent with the substantive requirements of the 
governing instructions and within the commander’s discretionary 
authority. He has provided no evidence which would lead us to 
believe that his general (under honorable conditions) discharge 
was improper or contrary to the provisions of the governing 
directive; or the SPD code, reenlistment eligibility, and 
narrative reason for his separation, issued in conjunction with 
his discharge, was erroneous or inappropriately assigned. We 
note the applicant has provided a statement from a Michigan Air 
National Guard official indicating the applicant’s commander 
intended to allow him the opportunity to re-enlist at some 
future date despite his recommendation that he be discharged for 
drug abuse; however, the circumstances of the applicant’s 
discharge render him ineligible for re-enlistment, regardless of 
the commander’s stated intention. In this respect, we note the 
comments by NGB/A1PO indicating the applicant’s discharge for 
drug abuse renders him ineligible for re-enlistment in 
accordance with ANGI 36-2002, Enlistment and Re-enlistment in 
the Air National Guard and as a Reserve of the Air Force. 
Therefore, absent evidence the applicant was not afforded rights 
to which he was entitled, there was an abuse of discretionary 
authority, or appropriate standards were not applied, we find no 
basis to recommend granting the requested relief. 

 

________________________________________________________________ 

 

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-2011-00585 in Executive Session on 6 Oct 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-00585 was considered: 

 

 Exhibit A. DD Form 149, undated, w/atch. 

 Exhibit B. Applicant's Master Personnel Records 

 Exhibit C. Letter, NGB/A1POE, dated 10 Jun 11. 

 Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11. 

 

 

 

 

 

 Panel Chair 

 



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