RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01102
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility be changed from Ineligible to
Eligible.
________________________________________________________________
APPLICANT CONTENDS THAT:
Although he was involved in misconduct with the military police
on base; he was not court-martialed for the one-time incident.
He was released from his full-time Active Guard Reserve (AGR)
position and received a general (under honorable conditions)
discharge.
He takes full responsibility for the incident of bad judgment.
Since leaving the ANG, he served in the Army Reserves for three
years and was honorably discharged in Oct 05.
In support of his request, the applicant provides copies of his
discharge certificates, discharge order, NGB Form 22; Report of
Separation and Record of Service; and DD Form 214, Certificate
of Release or Discharge from Active Duty.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 1 Jun 99, the applicant enlisted in the Georgia Air National
Guard (GAANG).
On 25 Nov 02, he was relieved from his assignment and discharged
with service characterized as general, under honorable
conditions.
He received a reenlistment eligibility status of Ineligible.
________________________________________________________________
AIR FORCE EVALUATION:
NGB/A1PP recommends denial. A1PP states that according to the
NGB Form 22, the applicant was separated with a general, under
honorable conditions discharge due to misconduct. The
Separation Program Designator (SPD) code HKA indicates an
involuntary discharge that was directed in lieu of further
proceedings by convening of a board, for a pattern of misconduct
of discreditable nature with civil or military authorities.
Members receiving this type of discharge are ineligible for
reenlistment as indicated in on his NGB Form 22.
The applicants misconduct prevents him from being able to
reenlist in the ANG.
The complete A1PP evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 28 Jun 13, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
________________________________________________________________
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 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 that 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 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 Docket Number
BC-2013-01102 in Executive Session on 5 Dec 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Feb 13, w/atchs.
Exhibit B. Letter, NGB/A1PP, dated 11 Jun 13.
Exhibit C. Letter, SAF/MRBR, dated 28 Jun 13.
Panel Chair
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