RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02921 INDEX CODE:	112.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
Her National Guard Bureau Form 22, NGB Report of Separation and Record of Service, be corrected to change Item 26 from "Ineligible" to "Eligible" to allow her to reenlist with the Michigan National Guard.

APPLICANT CONTENDS THAT:
She requested a hardship discharge from the Indiana Air National Guard (ANG) due to her husband being stationed in another state and she was pregnant.

In August 1999, she received a certified letter notifying her of her absences. At this time, she believed her hardship discharge request was being considered but she received the NGB Form 22 stating she was discharged. The NGB Form 22 did not include Item
26 showing she was ineligible to reenlist.
In support of her request, applicant provides a copy of her NGB Form 22, and a letter from the Indiana Air National Guard.

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

STATEMENT OF FACTS:
The applicant's NGB Form 22 reflects she enlisted in the Indiana Air National Guard on 8 Mar 97.

On 7 Aug 99, her commander notified her of her unexcused absences from Unit Training Assemblies in June, July and August 1999.

She was discharged for unsatisfactory performance on 7 Apr 00.

AIR FORCE EVALUATION:
NGB/A1PS recommends denial. A1PS concurs with the subject matter expert that states the applicant was discharged for unsatisfactory participation. Her reenlistment eligibility of "ineligible" accurately reflects the reason for her administrative discharge. She was afforded all rights commensurate with the discharge action.

The NGB/A1PS complete evaluation, with attachment, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 12 Jun 09, for review and comment within 30 days. 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain her burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling 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 AFBCMR Docket Number BC-2008-02921 in Executive Session on 21 Ju1 09 under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jul 08, w/atchs. Exhibit B. Letter, NGB/A1PS, dated 4 Jun 09, w/atch. Exhibit C. Letter, SAF/MRBR, dated 12 Jun 09.