RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02829

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

The Authority and Reason for separation on his NGB Form 22, Report of Separation and Record of Service, be changed.

APPLICANT CONTENDS THAT:

His reason for separation of “erroneous enlistment” is an error and he is not sure why this was put on his NGB Form 22.  He never lied nor did he leave out any part of his medical history.  His reason for not completing his training was due to family issues.  His cousin committed suicide and his grandfather died shortly afterwards.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 14 Oct 09, the applicant enlisted in the Air National Guard (ANG).

On 19 Sep 11, the applicant received an entry-level separation, with a narrative reason for separation of “Erroneous Enlistment,” with a Separation Program Designator (SPD) code of “JFC” denoting (service initiated discharge directed by established directive when individual erroneously enlisted, reenlisted, extended or was inducted into a Service component (not related to alcohol or drug abuse).  He was credited with 1 year, 11 months and 6 days of total service.

AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 3.15.2. Erroneous Enlistment states, “A member may be discharged based on an erroneous enlistment, reenlistment, or extension of enlistment.  An enlistment, reenlistment, or extension is erroneous if it should not have been accepted by the Air Force, but does not involve fraud.”

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

NGB/A1P recommends denial of the applicant’s request to change his RE code indicating the applicant has not exhausted all administrative remedies by contacting his servicing Force Support Squadron for correction of the code.  Additionally, the RE code the applicant’s servicing FSS selected is the appropriate RE code for use with “erroneous enlistment” separations and SPD code JFC.  NGB/A1P recommends the applicant contact his servicing FSS, request a memorandum confirming if the RE code is erroneous, and submit the memorandum to ARPC for an NGB Form 22A, Correction to NGB Form 22.

In Accordance With (IAW) ANGI 36-2002, Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force, Table 4.4, Rule 7, the applicant is not eligible to reenlist with a “6H” ANG RE code.

IAW AFI 36-3209, paragraph 3.15.2. Erroneous Enlistment, an erroneous enlistment, reenlistment, or extension exists if:

	3.15.2.1.  It would not have occurred had the relevant facts been known by the Air Force, or had appropriate directives been followed.

	3.15.2.2.  It was not the result of fraudulent conduct on the part of the member.

	3.15.2.3.  The defect is unchanged in material respects.

A1PP cannot validate if the RE code “6H” is erroneous because they do not have knowledge of the circumstances surrounding his entry level separation.  The RE code was selected by his FSS when his NGB Form 22 was created.  However, this RE code is the appropriate code for use with “erroneous enlistment” separations and SPD code JFC.

A complete copy of the NGB/A1P 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 19 May 16 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 timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  After a thorough review of the evidence of record and the applicant’s complete submission it appears the SPD of “JFC” and authority and reason for separation of “Erroneous Enlistment” assigned to the applicant was an error.  While we note NGB/A1P recommends denial indicating the applicant has not exhausted his administrative remedies, we conclude the administrative remedies no longer exist for the applicant as a result of the discharge.  Additionally, based on the available evidence, there is no evidence in the applicant’s record that indicates he erroneously enlisted in the Air National Guard.  Therefore, we recommend correcting the applicant’s authority and reason for separation be changed to “Secretarial Authority,” with a corresponding SPD code of “JFF,” and reenlistment eligibility code to “3K.”

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 19 Sep 11, he was discharged with an authority and reason for separation of “Secretarial Authority,” with a Separation Program Designator code of “JFF,” and a Reenlistment Eligibility code of “3K.”

The following members of the Board considered AFBCMR Docket Number BC-2015-02829 in Executive Session on 16 Aug 16 under the provisions of AFI 36-2603:

					 , Panel Chair
					 , Member
					   , Member

All members voted to correct the record as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 1 Jul 15.
	Exhibit B.  Applicant Master Personnel Records.
	Exhibit C.  Memorandum, NGB/A1P, dated 8 Apr 16.
	Exhibit D.  Letter, AFBCMR, dated 19 May 16.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.