AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00396
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her reenlistment eligibility (RE) code of “6H” (Pending Discharge
IAW ANGR 39-10 – INVOL (ANG Only)) be changed to allow her to
enlist in the Army National Guard.
________________________________________________________________
APPLICANT CONTENDS THAT:
The RE code 6H is preventing her from enlisting in the Tennessee
Army National Guard. She was notified that her security
clearance was pending revocation due to her finances. She was
discharged because she failed to respond in a timely manner. She
has since filed bankruptcy and has made arrangements to repay her
debts.
In support of her request, the applicant provides an expanded
statement, three character references, a copy of her NGB Form 22,
Report of Separation and Record of Service.
The applicant’s complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s NGB Form 22 reflects she enlisted in the Ohio Air
National Guard on 3 Oct 05. She served as an Air Transportation
Journeyman.
On 12 Apr 08, the applicant’s commander notified her that he was
recommending her discharge from the Ohio ANG and as a Reserve of
the Air Force in the interest of national security (failure to
maintain a security clearance). The specific reason for the
discharge action was that her security clearance was revoked by
the Air Force Central Adjudication Facility due to financial
delinquencies.
Her commander advised her of her rights in this matter. The
applicant acknowledged receipt of the notification for discharge.
On 12 Sep 08, the legal office reviewed the case, found it
legally sufficient and concurred with the commander’s
recommendation.
On 2 Nov 08, the staff judge advocate (SJA), for the State of
Ohio Air, Adjutant General’s Department also found the case
legally sufficient, noting it is every airman’s responsibility to
maintain his or her finances. The applicant was given ample
opportunity to provide information that could have resulted in
her retaining her security clearance; however, she failed to
respond in a timely manner. The SJA recommend she be furnished a
general discharge.
On 6 Nov 08, the applicant was furnished a general discharge and
credited with three years, one month, and four days of total
Reserve service.
_________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1POE recommends denial noting they found no injustice to
warrant changing the applicant’s RE code. The RE code 6H only
applies to the Air National Guard and is used when a service
member is pending/approved for involuntary separation/discharge
in accordance with AFI 36-3209, Separation and Retirement
Procedures for Air National Guard and Air Force Reserve Members.
Furthermore, this RE code is not a derogatory code and should not
be barrier to the applicant’s enlistment.
The NGB/A1POE 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 Mar 12, for review and comment within 30 days
(Exhibit E). As of this date, no response has been received by
this office.
_________________________________________________________________
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.
2
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 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 the victim of an error or injustice.
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-2012-00396 in Executive Session on 6 Sep 12, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Feb 12, w/atchs.
Exhibit B. Applicant's Master Military Personnel Records.
Exhibit C. Letter, NGB/A1POE, dated 21 Feb 12.
Exhibit D. Letter, SAF/MRBR, dated 27 Mar 12
Panel Chair
Member
Member
Panel Chair
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