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 Commander).
________________________________________________________________
_
APPLICANT CONTENDS THAT:
1. His commander advised him that he was not recommending him
for reenlistment. He believes the commanders decision was made
out of anger rather than rational thought. He served honorably
for 6 years and wanted to serve even longer.
2. He met with several recruiters who have given him different
responses about reenlisting. To no avail, he appealed to the
Department of Veterans Affairs (DVA) to see what could be done
to change his records.
In support of his request, the applicant provides a copy of his
DD Form 293, Application for the Review of Discharge from the
Armed Forces of the United States, a copy of his NGB Form 22,
copies of his DD Form 214, Certificate of Re4lease or Discharge
from Active Duty, a memorandum from the 126 MPF/DPFS, email
communications, a letter from the DVA, and letters of support.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant enlisted into the Air National Guard on 11 Mar 03.
He received a 6U RE code and an honorable discharge after
serving 6 years.
The remaining relevant facts pertaining to this application are
contained in the letters prepared by the appropriate offices of
the Air Force, which is at Exhibit C and D.
________________________________________________________________
_
AIR FORCE EVALUATION:
NGB/A1PO recommends denial. The applicants 6U RE code
indicates he was not selected for retention by his commander.
In accordance with the governing instructions, no individual
will reenlist or extend their enlistment without the concurrence
of the unit commander. A commander may approve or deny
reenlistments and extension of enlistments to any member of his
or her command. Continued retention in the ANG is a command
prerogative and is not an inherent right of any individual
unless the member has between 18 and 20 years of satisfactory
service towards a reserve retirement. Therefore, A1PO cannot
overturn the commanders decision not to retain the applicant as
there is no proof of an injustice or prejudice. They recommend
the applicant request an exception to policy with an Air Force
Reserve recruiter.
The complete A1PO evaluation is at Exhibit C.
NGB/A1P concurs with the A1PO recommendation to deny the
applicants request based on the governing directives and the
lack of documentation provided in this request.
The complete A1P evaluation is at Exhibit D.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 8 Feb 13 for review and comment within 30 days. As
of this date, this office has received no response.
________________________________________________________________
_
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.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. The
applicants contentions are duly noted; however, we are not
persuaded that the applicant has been the victim of an error or
injustice. At the time members are separated from the Air
Force, they are furnished an RE code predicated upon the quality
of their service and circumstances of their separation. After a
thorough review of the evidence of record, we believe the RE
code issued was in accordance with governing instructions.
However, we advise the applicant to pursue the NGB/A1PO
recommended avenue with an Air Force Reserve recruiter.
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-2012-05966 in Executive Session on 24 Sep 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Dec 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PO, dated 28 Jan 13.
Exhibit D. Letter, NGB/A1P, dated 31 Jan 13.
Exhibit E. Letter, SAF/MRBR, dated 8 Feb 13.
Panel Chair
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