RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2015-00042 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His NGB Form 22, Report of Separation and Record of Service, for the 6 Jan 07 to 1 Oct 07 enlistment period, be updated with a Reenlistment Eligibility (RE) code that would allow him to reenlist into the Wisconsin Air National Guard (ANG). APPLICANT CONTENDS THAT: The RE code of 6C (under review), in block 26 of the NGB Form 22 for the enlistment period 6 Jan 07 to 1 Oct 07, was never updated according to ANGI 36-2002, Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force, Table 4.4 ANG RE Codes, Rule 3, Note 1-1. It states “Member currently within the 12 months reenlistment eligibility window as outlined in ANGI 36-2607, Air National Guard Retention Programs. Once commander has made final selective retention decision, update the appropriate RE Code as determined by the commander.” All of his previous NGB Forms 22 and DD Forms 214 show honorable discharges and eligibility for reenlistment. He provides copies of all NGB Forms 22 and DD Forms 214 as well as a memorandum to Air Reserve Personnel Center (ARPC) from his organization’s recruiting squadron requesting consideration to change the RE code. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 6 Jan 07, the applicant entered the Iowa Air National Guard. According to NGB Form 22 EF, Departments of the Army and the Air Force National Guard Bureau Report of Separation and Record of Service, dated 1 Oct 07, his Reenlistment Eligibility Code is listed as 6C, meaning under review. On 26 Jun 07, by Special Order AAA-289, the applicant was relieved from assignment, 132nd Fighter Wing, Iowa Air National Guard, and honorably discharged effective 1 Oct 07. He was credited with 9 months and 26 days of net service during the period. He was credited with 8 years, 7 months and 28 days total service for pay. The remaining relevant facts pertaining to this application are described in the memorandum prepared by the National Guard Bureau (NGB) office of primary responsibility (OPR) included at Exhibit C. AIR FORCE EVALUATION: NGB/A1PP recommends approval of the applicant’s request to have the RE code 6C, meaning RE under review, changed on his NGB Form 22 dated 1 Oct 07. A1PP contacted the 132nd Force Support Squadron Superintendent who indicated the applicant’s commander recently retired and was not available to assign a new RE code. Additionally, his unit would not have allowed him to resign if he was under investigation or pending discharge for any reason. The Superintendent indicated the applicant’s RE code should be 6B (eligible to reenlist – Member elected separation or discharge.) The complete A1PP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the National Guard Bureau (NGB) evaluation was forwarded to the applicant on 21 Jul 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. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; however it is in the interest of justice to excuse the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant's complete submission, including copies of NGB Forms 22, DD Forms 214 and supporting memorandum, in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility adopting its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice. Therefore, we recommend the applicant's records be corrected as indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that his NGB Form 22, Report of Separation and Record of Service, issued in conjunction with his October 1, 2007 resignation from the Iowa National Guard, be amended to reflect in block 24, Reenlistment Eligibility, “6B” rather than “6C.” All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-00042 was considered: Exhibit A. DD Form 149, dated 29 Dec 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1PP, dated 24 Feb 15. Exhibit D. Letter, SAF/MRBR, dated 21 Jul 15.