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
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