RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-02692
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His reentry (RE) code of 6H reflected on his NGB Form 22, Report of Separation and Record of Service, be changed to allow him to reenter the military.
APPLICANT CONTENDS THAT:
When he was discharged, he was told he could reenter after he had lost the necessary weight. He now meets entry requirements.
The applicants complete submission is at Exhibit A.
STATEMENT OF FACTS:
The applicant initially entered the Air National Guard on 25 Mar 08.
On 7 Mar 09, the applicant was required to weigh-in prior to his attending Basic Military Training (BMT), where he was determined to be 20 pounds over the maximum allowable weight and nine percent over the maximum body mass index (BMI) standard.
On 12 Jul 09, the applicants commander issued him a Letter of Notification (LON) notifying him of his intent to separate him, and his right to legal counsel and to submit information on his own behalf. The applicant did not contest this decision.
On 24 Aug 09, the applicants commander recommended him for discharge for not being able to attend BMT due to his being 20 pounds over the maximum allowable weight and nine percent of the maximum body mass index (BMI) standard. The recommended separation was determined to be legally sufficient and the discharge authority directed the applicant be discharged with an entry level separation.
On 25 Oct 09, the applicant was furnished an entry level separation with uncharacterized service, with an RE code of 6H, and was credited with one year, six months, and six days of total inactive service.
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
AIR FORCE EVALUATION:
NGB/A1PP recommends denial indicating there is no evidence of an error or an injustice. As stated in AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, membership in the Air National Guard or the Air Force Reserve (USAFR) is not an inherent right. Further, a member should be separated while in entry level status when it is determined the member is unqualified for continued military service by reason of unsatisfactory performance or conduct (or both), as evidenced by inability, lack of reasonable effort, failure to adapt to the military environment, or minor disciplinary infractions.
The applicant was involuntary separated due to his inability to attend BMT because his weight and BMI exceeded the military standards. ANGI 36-2002, Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force, confirms the applicants RE code of 6H makes him ineligible for reentry.
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 27 Jan 15 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 applicants complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of NGB/A1PP and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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-2014-02692 in Executive Session on 16 Apr 15 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Jun 14.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, NGB/A1PP, dated 31 Jul 14.
Exhibit D. Letter, SAF/MRBR, dated 27 Jan 15.
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