Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 00614
Original file (BC 2014 00614.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-00614
		COUNSEL:  NONE
		HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 6N (Formal School 
Eliminee being separated) be changed to a “1” so that he may 
reenlist. 


APPLICANT CONTENDS THAT:

He was removed from training for not having the adequate amount 
of uniforms but believes he deserves another chance.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

According to the applicant’s NGB Form 22, Report of Separation 
and Record of Service, on 17 Apr 08, he enlisted in the 
Pennsylvania Air National Guard (ANG).  
In a letter dated 9 Jul 10, the applicant was notified by his 
commander of his intent to recommend his discharge from the ANG 
and the Reserves for substandard (unsatisfactory) performance.  
The specific reason for the action was his inability to graduate 
from an Air Force Specialty Code (AFSC) Technical School by 
being disqualified from two different Air Force Technical 
Schools.
According to a letter dated 11 Jul 10, the discharge action was 
reviewed and determined to be legally sufficient.
According to the applicant’s NGB Form 22, on 12 Aug 10, he 
received an honorable discharge with an RE code of “6N” and was 
credited with 2 years, 3 months, and 26 days of total service.


AIR FORCE EVALUATION:
	
NGB/A1PP recommends denial.  The applicant’s RE code of “6N” 
properly indicates he is ineligible to reenlist as he did not 
complete training requirements.  The applicant was not prepared 
to attend technical training school as he did not bring the 
required uniforms with him to training.  Therefore, he was 
returned to his unit and subsequently discharged. 

In accordance with Air National Guard Instruction (ANGI) 36-
2002, Enlistment and Reenlistment in the Air National Guard and 
as a Reserve of the Air Force, Table 4.4, Rule 13, members 
eliminated from formal school will be given an RE code of 6N and 
are not eligible to reenlist or extend.

The complete A1PP evaluation is at Exhibit C.

NGB/A1P recommends denial, indicating they concur with the NGB 
Subject Matter Expert’s advisory based on the governing 
directives and supporting documentation provided by the unit of 
assignment.

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 May 14 for review and comment within 30 days.  As 
of this date, no response has been received by this office 
(Exhibit E).


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 to warrant 
changing his RE code to a “1.”  We took notice of the 
applicant's complete submission; however, we do not find the 
evidence presented sufficient to warrant changing the 
applicant’s RE code to allow for reenlistment without a waiver. 
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought.

4.  Notwithstanding the above, sufficient relevant evidence has 
been presented to demonstrate the existence of an injustice 
warranting partial relief.  Even though the applicant has 
provided no evidence to show that his separation was improper or 
not in compliance with the appropriate regulations, it is our 
opinion that relief is warranted in this case.  Giving the 
circumstances surrounding the reason for his separation coupled 
with his honorable service characterization, we believe that a 
good probability exists that he may be able to provide effective 
and meaningful service to our nation as a member of the armed 
forces.  Accordingly, we believe that correction of his RE code 
to a waiverable code is warranted based on the merits of this 
case.  Whether or not he is successful in his attempts to return 
to the military will depend on the needs of the service and our 
recommendation in no way guarantees that he will be allowed to 
return to any branch of service.  Therefore, we recommend his 
records be corrected to the extent indicated below.  


THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that on 28 Sep 
10, he was discharged with a RE code of 3K (Secretarial 
Authority).


The following members of the Board considered AFBCMR Docket 
Number BC-2014-00614 in Executive Session on 9 Dec 14, under the 
provisions of AFI 36-2603:

		                 , Panel Chair
		                     , Member
		                   , Member

All members of the voted to correct the record, as recommended.  
The following documentary evidence was considered:
	Exhibit A.  DD Form 149, dated 3 Jan 14, w/atchs.
	Exhibit B.  Applicant's Available Master Personnel Records
	Exhibit C.  Letter, NGB/A1PP, dated 28 Apr 14.
	Exhibit D.  Letter, NGB/A1P, dated 29 Apr 14.
	Exhibit E.  Letter, SAF/MRBR, dated 8 May 14.


						 

2

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 01614

    Original file (BC 2014 01614.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01614 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of “6U” (Not selected for reentry by the commander) on his National Guard Bureau Form 22, Report of Separation and Record of Service, be upgraded so he may reenter the military. The remaining relevant facts pertaining to this application are contained in the memorandum...

  • AF | BCMR | CY2012 | BC-2012-02149

    Original file (BC-2012-02149.pdf) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: The record should be changed because it was created through an administrative error by the finance office and through no fault of her own. The Air Force Financial Services Center Debts and Remissions Branch directed the collection rate of $350.00 per month for seven months until the member's current expired term of service (ETS) date of 20 Nov 2012. After thoroughly reviewing the evidence of record...

  • AF | BCMR | CY2013 | BC 2013 01112

    Original file (BC 2013 01112.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01112 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her Reenlistment Eligibility (RE) code of 6H, which denotes (Air National Guard (ANG) pending discharge in accordance with ANGR 39-10 – involuntary) be changed to an eligible code. ...

  • AF | BCMR | CY2013 | BC-2013-00803

    Original file (BC-2013-00803.txt) Auto-classification: Denied

    The complete A1P evaluation is at Exhibit D. ________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: He was denied promotion because the MS ANG reneged on his assignment orders without advising him just weeks after arriving on station. The resource to promote him to the grade of SMSgt as reflected on his orders was taken away when another member was placed in his position. ...

  • AF | BCMR | CY2013 | BC-2012-01911

    Original file (BC-2012-01911.pdf) Auto-classification: Denied

    At the time she was discharged she had no idea that she was permanently disqualified from reentering a military service. The medical discharge is a false representation of her service in the Air National Guard (ANG). The complete A1PP evaluation is at Exhibit F. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 20 Dec 12 for review and comment within 30 days.

  • AF | BCMR | CY2012 | BC-2012-02087

    Original file (BC-2012-02087.txt) Auto-classification: Denied

    On 24 February 2012, the applicant received notification from the unit wing commander that he was recommending her for demotion to the grade of E-4, Senior Airman. Their interpretation of the instruction is the unit commander “may” recommend demotion of an enlisted ANG member under his/her command. ________________________________________________________________ The following members of the Board considered this application BC-2012-02087 in Executive Session on 23 January 2013, under...

  • AF | BCMR | CY2014 | BC 2014 00884

    Original file (BC 2014 00884.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00884 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Korean Defense Service Medal (KDSM). AIR FORCE EVALUATION: NGB/A1PP recommends denial of the applicant’s request for active duty service credit. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice;...

  • AF | BCMR | CY2013 | BC-2013-00677

    Original file (BC-2013-00677.txt) Auto-classification: Denied

    ANG Instruction (ANGI) 36-2002, Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force, states in cases of contractual errors, the Force Support Squadron (FSS) will process a case file to the National Guard Bureau (NGB) outlining the facts of the situation, along with the individual airman’s desire, the commander’s recommendation and the FSS comments and recommendation; and that the airman may petition the Board if they do not agree with the final decision. ...

  • AF | BCMR | CY2013 | BC-2013-00655

    Original file (BC-2013-00655.txt) Auto-classification: Denied

    By letter dated 28 Jan 13, the applicant’s 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 | CY2013 | BC 2013 03156

    Original file (BC 2013 03156.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03156 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: 1. The applicant submitted a DD Form 214 and while her entire ANG time is supported by her enlistment document, and Discharge Certificate, only certain periods of active duty are authorized to be entered on the DD Form 214. We took...