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 commanders 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 applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants 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 MisconductDrug 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 applicants
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
applicants 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 commanders 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 applicants 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 applicants
general (under honorable conditions) discharge for drug abuse
was consistent with the substantive requirements of the
governing instructions and within the commanders 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 applicants 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 applicants
discharge render him ineligible for re-enlistment, regardless of
the commanders stated intention. In this respect, we note the
comments by NGB/A1PO indicating the applicants 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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