RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01353 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) status be changed to “eligible.” ________________________________________________________________ APPLICANT CONTENDS THAT: He ended his enlistment in the West Virginia Air National Guard (WVANG) after completing three years with an honorable discharge. He satisfactorily participated in all of his drills, had no disciplinary problems, claims, actions against him, or medical issues which would have rendered him ineligible for reenlistment. He does not understand the “ineligible” code and would like to have it changed so that he can enlist in the Coast Guard. In support of his appeal, the applicant provides a personal statement and a copy of his National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, issued in conjunction with his 4 April 2000 discharge. The applicant’s complete submission is attached. ________________________________________________________________ STATEMENT OF FACTS: Based on the available evidence of record, the applicant enlisted in the WVANG on 5 Apr 97 in the grade of senior airman (SrA/E-4), his grade at discharge. On 4 April 2000, he was honorably discharged from the WVANG and the Reserve of the Air Force under the provisions of AFI 36- 3209, with a reason for separation of expiration term of service and a RE status of ineligible. He was credited with 3 years of service during this period and 9 years, 4 months, and 27 days of total service for pay. ________________________________________________________________ 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 error or injustice. Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume the applicant's discharge and reenlistment status was proper and in compliance with appropriate directives. While we note the applicant’s contentions that he is not certain as to the reasons surrounding his reenlistment status, should he provide additional information from his former unit commander or chain of command to support his appeal, we may be inclined to reconsider his petition. Therefore, based on the available evidence of record, we find no basis upon which to favorably consider this application. ________________________________________________________________ RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01353 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment eligibility (RE) status be changed to “eligible.” ________________________________________________________________ APPLICANT CONTENDS THAT: He ended his enlistment in the West Virginia Air National Guard (WVANG) after completing three years with an honorable discharge. He satisfactorily participated in all of his drills, had no disciplinary problems, claims, actions against him, or medical issues which would have rendered him ineligible for reenlistment. He does not understand the “ineligible” code and would like to have it changed so that he can enlist in the Coast Guard. In support of his appeal, the applicant provides a personal statement and a copy of his National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, issued in conjunction with his 4 April 2000 discharge. The applicant’s complete submission is attached. ________________________________________________________________ STATEMENT OF FACTS: Based on the available evidence of record, the applicant enlisted in the WVANG on 5 Apr 97 in the grade of senior airman (SrA/E-4), his grade at discharge. On 4 April 2000, he was honorably discharged from the WVANG and the Reserve of the Air Force under the provisions of AFI 36- 3209, with a reason for separation of expiration term of service and a RE status of ineligible. He was credited with 3 years of service during this period and 9 years, 4 months, and 27 days of total service for pay. ________________________________________________________________ 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 error or injustice. Based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume the applicant's discharge and reenlistment status was proper and in compliance with appropriate directives. While we note the applicant’s contentions that he is not certain as to the reasons surrounding his reenlistment status, should he provide additional information from his former unit commander or chain of command to support his appeal, we may be inclined to reconsider his petition. Therefore, based on the available evidence of record, we find no basis upon which to favorably consider 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-2010-01353 in Executive Session on 18 November 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: DD Form 149, dated 7 Apr 10, with attachments. 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-2010-01353 in Executive Session on 18 November 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: DD Form 149, dated 7 Apr 10, with attachments.