RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00021
COUNSEL:
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to change his reenlistment (RE) code
from "Ineligible" to "Eligible."
________________________________________________________________
APPLICANT CONTENDS THAT:
His reenlistment eligibility status is not accurately reflected
on his NGB Form 22, Report of Separation and Record of Service;
he was not present to sign the form.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 28 Feb 02, the applicant enlisted in the California Air
National Guard (ANG) for a period of six years. On 22 Nov 05,
he was honorably discharged and transferred to the Inactive
Reserve with reenlistment eligibility listed as Ineligible.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PP recommends denial indicating there is no evidence of an
error or an injustice. In accordance with ANGI 36-2002,
Enlistment and Reenlistment in the Air National Guard as a
Reserve of the Air Force, the term of enlistment for all non-
prior service (NPS) applicants will be for a period of six
years. The applicant resigned from his active duty position
with the state of California and was allowed to separate prior
to the expiration of his term of service (ETS). This type of
separation was used due to the fact the applicant had not
fulfilled his military service obligation (MSO).
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. Although the applicants command approved his
request to separate before completing his MSO, it was at the
commands discretion to deny reenlistment.
The applicant not being available to sign the NGB Form 22 does
not prevent him from being separated or entitle him to be
eligible for reenlistment.
A complete copy of the NGB/A1PP 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 15 Mar 13, for review and comment within 30 days
(Exhibit D). 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.
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-2013-00021 in Executive Session on 22 Oct 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 Nov 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, NGB/A1PP, dated 28 Feb 13.
Exhibit D. Letter, SAF/MRBR, dated 15 Mar 13.
Panel Chair
AF | BCMR | CY2013 | BC-2013-00021
In accordance with ANGI 36-2002, Enlistment and Reenlistment in the Air National Guard as a Reserve of the Air Force, the term of enlistment for all non- prior service (NPS) applicants will be for a period of six years. 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...
AF | BCMR | CY2013 | BC 2013 01102
A1PP states that according to the NGB Form 22, the applicant was separated with a general, under honorable conditions discharge due to misconduct. To date, a response has not been received (Exhibit C). 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 that the applicant has not been the victim...
AF | BCMR | CY2013 | BC 2013 01215
On 4 Dec 02, the discharge authority concurred with the recommendation for discharge and the applicant was discharged with a general (under honorable conditions) character of service and a reason for discharge of conduct prejudicial to good order in Feb 03. A complete copy of the NGB/A1PP evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He submits a personal statement describing some of the harassment...
AF | BCMR | CY2013 | BC-2013-00655
By letter dated 28 Jan 13, the applicants commander states that due to an administrative oversight the applicant signed a three year reenlistment contract; however, he should have been given the opportunity extend his enlistment for six years. Until such time as he has exhausted all available administrative remedies, we find no basis to recommend granting the relief requested. Exhibit C. Letter, NGB/A1PP, dated 21 Mar 13.
AF | BCMR | CY2014 | BC 2014 00330
AIR FORCE EVALUATION: NGB/A1PP recommends the 60-day extension be replaced with a six month or 180-day extension. Note two states, Member may extend ANG enlistment for a period of at least 6 months to coincide with the MSO. Note three expands this requirement by noting, No extensions may be executed for a period of less than 6 months. The records need to be corrected to meet the requirements outlined in ANGI 36-2002. THE BOARD RECOMMENDS THAT: The pertinent military records of the...
AF | BCMR | CY2014 | BC 2014 01276
However, as of Jan 14, there was no record of the Article 15 action. AIR FORCE EVALUATION: AFLOA/JAJM did not provide a recommendation; however, they noted the applicants request should be forwarded to the Air Force Personnel Center to have her DOR reviewed. Exhibit D. Letter, NGB/A1PP, dated 9 Feb 15.
AF | BCMR | CY2014 | BC 2014 00027
On 20 Nov 13, the applicant was promoted to the grade of E-3. As such, he was never eligible for promotion to the grade of E-3, effective 21 Jun 13, as requested. A complete copy of the NGB/A1PP additional evaluation is at Exhibit E. APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: He argues a change to the FY13, R&R Initiatives added his AFSC 2T2X1 to the critical skills AFSC list, effective 1 Oct 12, as verified through his Force Support Squadron (FSS).
AF | BCMR | CY2013 | BC-2013-01006
In accordance with ANGI 36-2002, Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force, Table 1.5, Rule 2 "prior service members will enlist for 3 or 6 years." As noted on the DD Form 4/2 when enlisting in the COANG, the applicant signed a 4 year, 6 months, 10 days military service contract. 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...
AF | BCMR | CY2013 | BC 2013 04833
AFI 36- 3209, Separation and Retirement Procedures for ANG and Air Force Reserve Members, states if a member has not fulfilled their military service obligation they may be discharged for unsatisfactory participation when the commander concerned has determined that the individual has no potential for useful service under conditions of full mobilization. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion...
AF | BCMR | CY2014 | BC 2014 01220
________________________________________________________________ APPLICANT CONTENDS THAT: Air National Guard Instruction (ANGI) 36-2502, Promotion of Airmen, Table 2.1, Rule 2, states that an E-2 should promote to E-3 after six months of Time in Grade (TIG) in the ANG. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PP recommends denial, indicating the applicant did not receive a promotion recommendation until 6 Oct 13. We took notice of the...