RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02127
		INDEX CODE:  100.06

		COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  8 Jan 06

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) be changed from “Ineligible” to “Eligible” so that he may reenlist in a branch of service of his choosing.

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APPLICANT CONTENDS THAT:

When he received his honorable discharge he was told that he would be able reenlist in any branch of the service he chose.  Nowhere in any paper was he ever told or made to believe he would not be able to reenlist.

In support of his appeal, the applicant has provided copies of a DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States, his DD Form 214’s, Certificate of Release or Discharge from Active Duty, his honorable discharge certificate from the Georgia Air National Guar (GAANG), his National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, his discharge order, and point credit summary.

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

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STATEMENT OF FACTS:

Applicant began his military career in the Regular Army on 8 February 1979.  He transferred to the Army Reserve and on 23 February 1993, he was honorably discharged with over 14 years of service.  He joined the Air Force Reserve (AFR) in June 1999 and then the Navy Reserve in July 2000.  In October 2002, he left the Navy Reserve and joined the Georgia Air National Guard (GAANG) as a senior airman (Sra/E-4).  On 19 August 2003, his commander notified him he was being recommended for discharge for Misconduct, Commission of a Serious Offense.  His commander stated the applicant knowingly made false statements on a Security Clearance Application, SF86 and a United States Air Force (USAF) Drug and Alcohol Abuse Certificate, (AF Form 2030).  While applicant was a member of the US Navy Reserve (USNR) he had been arrested for marijuana use and had received non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ).  His commander recommended immediate discharge with a general, under other than honorable conditions (UOTHC) discharge. However, the Wing commander recommended a conditional waiver, based on the convenience of the GAANG as the applicant had served only one year with the GAANG, and that all his previous discharges were honorable.  Further, he was to be immediately involuntarily discharged with an honorable discharge for fraudulent entry and commission of a serious offense.  Applicant acknowledged receipt of the discharge action on 21 August 2003.  Consequently, he was honorably discharged on 13 December 2003 after having served a total of 19 years, 10 months, and 14 days of combined active and Reserve component service.  He was discharged as a senior airman with a reenlistment eligibility of “Ineligible.”

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AIR FORCE EVALUATION:

ANG/DPPI recommends denial.  Regarding applicant’s contention he was never told he would not be eligible for reenlistment, DPPI states he signed a Conditional Waiver Statement acknowledging the terms of his discharge to include the reenlistment eligibility entry of “Ineligible.”

DPPI’s complete evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 February 2005 for review and comment within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

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.  It appears the applicant exchanged his eligibility to reenlist for an honorable discharge.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2004-02127 in Executive Session on 6 April 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jul 04, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, ANG/DPPI, dated 8 Feb 05, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Feb 05.