RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03451 

 

 COUNSEL: 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

1. His reenlistment eligibility (RE) code of 6U (ANG not 
selected for retention by the commander) be changed to an RE 
code 1 (eligible). 

 

2. His NGB Form 22 EF, Report of Separation and Record of 
Service, Block 18, Remarks, be change to reflect that his 
discharge was medically related due to the presence of a medical 
disability. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was mislead and given assurances by his chain of command that 
if his mental state improved to the point that he remained 
solely on a single medication, Zoloft, his medical status would 
no longer be in question and he would be fully deployable. 

 

His local medical group acted arbitrarily and capriciously by 
referring him to the Surgeon General’s office at the National 
Guard Bureau (NGB) for a medical evaluation, when there was no 
evidence or authority justified for such a referral. 

 

His commander’s impact statement was unfair, not justified and 
unduly prejudicial to his full time position and had the effect 
of denying any chance of a change in his deployment status. 

 

At the time of his re-examination for his medical waiver, there 
existed no evidence that he was solely taking the medication 
Zoloft. 

 

He was never given the pertinent documents associated with his 
medical determination. 

 

In support of his appeal, the applicant provides a statement 
from counsel and other supporting documents. 

 

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

 


________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 20 Nov 09, the applicant was honorably discharged from the 
Air National Guard (ANG) and United States Air Force Reserve 
(USAFR), with a reason for separation of expiration of 
enlistment, and an RE code of 6U. He was credited with 
12 years, 10 months, and 5 days during this period of service. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

NGB/A1PS recommends his NGB Form 22 be changed to reflect a 
medical separation and denial of a change to the RE code. 

 

They noted that an examination of submitted documentation 
indicated he was discharged as a result of the unit not having a 
non-mobility position available for him. He was filling a non-
mobility position because he was on medication associated with a 
condition that rendered him ineligible to deploy. He received 
advice from personnel in his leadership chain that, if he could 
wean himself from two of the medications he was taking, he could 
be returned to full mobility status. As it turns out, this was 
poor advice, not only because they were not medically qualified 
to give such advice, but also because it was his condition that 
disqualified him in the first place. Since this oversight 
appears to be an administrative error, partial relief is 
recommended. 

 

They do not recommend a change to the RE code because his 
condition renders him ineligible to reenlist. However, his 
NGB Form 22 should be corrected to reflect a medical separation 
since he was medically disqualified prior to being separated. 

 

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/counsel on 18 Nov 11 for review and response. 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 error or injustice in regard to the 
applicant’s request to change his RE code. We note at the time 
members separate from the Air Force, they are furnished an RE 
code predicated upon the quality and the circumstances of their 
separation. The applicant’s RE code of 6U accurately reflects 
that he was not recommended for retention. Additionally, we 
note counsel’s contentions that his local medical group was 
arbitrary and capricious by referring his case to the Air 
National Guard Surgeon General (ANG/SG); however, in our view, 
it appears the commanders took every action necessary, including 
placing him in a non-mobility position to ensure the applicant 
was eligible to remain in the unit as long as possible. He was 
afforded every level of medical review and given an opportunity 
to appeal his case for a fitness determination through the 
Disability Evaluation System (DES); however, ANG/SG ultimately 
determined he was not worldwide qualified. Therefore, based on 
the totality of the circumstances surrounding the applicant’s 
case, we do not support a change to his RE code. 

 

4. Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of error or 
injustice warranting corrective action in regard to the reason 
for the applicant’s discharge. We note the comments and 
recommendation provided by the National Guard Bureau office of 
primary responsibility (OPR) that the applicant’s reason for 
separation should be changed to a medical separation. In 
addition, we note the OPR’s recommendation is based on the fact 
the applicant was medically disqualified prior to separation. 
Therefore, we also conclude that the applicant’s reason for 
separation should accurately reflect the circumstances of his 
separation as medically disqualified. In view of the above, we 
recommend his record be corrected as indicated below. 

 

________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 
20 November 2009, he was discharged from the Air National Guard 
and Reserve of the Air Force, under the provisions of ANGI 36-
2101, paragraph 2.5., (Ineligibility for worldwide deployment-
medical disqualification) with Separation Program Designator 
(SPD) Code “JFT.” 

 

________________________________________________________________ 

 

The following members of the Board considered AFBCMR Docket 
Number BC-2011-03451 in Executive Session on 22 May 2012, under 
the provisions of AFI 36-2603: 


 

All members voted to correct the records, as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 15 Aug 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, NGB/A1PS, dated 8 Nov 11, w/atch. 

 Exhibit D. Letter, SAF/MRBR, dated 18 Nov 11. 

 

 

 

 

 Panel Chair