RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00585 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: The authority and reason for his separation, separation program designator (SPD) code, and reenlistment eligibility, as reflected on his NGB Form 22, National Guard Bureau Report of Separation and Record of Service, be changed so that he may be eligible to reenlist. ________________________________________________________________ APPLICANT CONTENDS THAT: An administrative error occurred during his discharge. His wing commander intended to allow him to be able to reenlist as evidenced by the comment “The member is eligible for reenlistment” in the memo directing his general (under honorable conditions) discharge. The commander’s intent is not reflected in his NGB Form 22 which renders him ineligible for reenlistment. In support of his request, the applicant provides a supporting statement. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate he enlisted in the Michigan Air National Guard (ANG) on 13 May 97 and was progressively promoted to the grade of technical sergeant (E-6). On 9 Jan 10, the applicant was notified by his commander of his intent to recommend his discharge from the Air National Guard and as a Reserve of the Air Force for Misconduct—Drug Abuse in accordance with AFI 36-3209, Administrative Separation of Air National Guard and Air Force Reserve Members. On 29 Sep 10, the applicant acknowledged receipt of the action and, after consulting with legal counsel, submitted a conditional waiver of his right to a board hearing, provided he receive no less than a general (under honorable conditions) character of service. On 12 Oct 10, the discharge authority directed the applicant’s discharge and on 12 Oct 10, the applicant was furnished a general (under honorable conditions) discharge from the Air National Guard and as a Reserve of the Air Force and was credited with 13 years and 5 months of total reserve service. The remaining relevant facts pertaining to this application are described in the letter prepared by the appropriate office of the Air Force which is at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS recommends denial, indicating there is no evidence of an error or injustice. The reason and authority for the applicant’s discharge, as annotated in block 23 of the NGB Form 22, is AFI 36-3209, paragraph 3.21.3.2, which corresponds to drug abuse. In accordance with ANGI 36-2002, Enlistment and Re- enlistment in the Air National Guard and as a Reserve of the Air Force, the reason for discharge makes the applicant ineligible to reenlist. While it may have been the commander’s intent to allow for the possibility of reenlistment, he may have been misinformed as to availability of this option for the applicant given the circumstances of his separation. A complete copy of the NGB/A1PS 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 24 Jun 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we find no evidence of an error or injustice that occurred during the discharge process. Based on the available evidence of record, it appears the applicant’s general (under honorable conditions) discharge for drug abuse was consistent with the substantive requirements of the governing instructions and within the commander’s discretionary authority. He has provided no evidence which would lead us to believe that his general (under honorable conditions) discharge was improper or contrary to the provisions of the governing directive; or the SPD code, reenlistment eligibility, and narrative reason for his separation, issued in conjunction with his discharge, was erroneous or inappropriately assigned. We note the applicant has provided a statement from a Michigan Air National Guard official indicating the applicant’s commander intended to allow him the opportunity to re-enlist at some future date despite his recommendation that he be discharged for drug abuse; however, the circumstances of the applicant’s discharge render him ineligible for re-enlistment, regardless of the commander’s stated intention. In this respect, we note the comments by NGB/A1PO indicating the applicant’s discharge for drug abuse renders him ineligible for re-enlistment in accordance with ANGI 36-2002, Enlistment and Re-enlistment in the Air National Guard and as a Reserve of the Air Force. Therefore, absent evidence the applicant was not afforded rights to which he was entitled, there was an abuse of discretionary authority, or appropriate standards were not applied, 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-2011-00585 in Executive Session on 6 Oct 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-00585 was considered: Exhibit A. DD Form 149, undated, w/atch. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, NGB/A1POE, dated 10 Jun 11. Exhibit D. Letter, SAF/MRBR, dated 24 Jun 11. Panel Chair