RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02493 INDEX CODE: 100.06, 136.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His record be corrected to show that he is either eligible for reenlistment or eligible for transfer to the Retired Reserve. ________________________________________________________________ _ APPLICANT CONTENDS THAT: He should not have been forced to resign and that he was a good troop and served in Iraq. He was never absent without leave (AWOL), never accused of insubordination, inadequate performance, dereliction of duty and never showed a lack of trust or dependability. In support of his appeal, the applicant has provided a personal statement and copies of his National Guard Bureau (NGB) Form 22, Report of Separation and Record of Service, parts of his record of discharge and his tender of resignation. Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Applicant began his military service on 26 December 1982. He was progressively promoted to the grade of SSgt with a date of rank of 1 April 1999. During January 2005, he tested positive for Tetrahydrocannabinol. He voluntarily resigned from the Michigan Air National Guard (MIANG) on 6 May 2006 and was consequently discharged with a general (under honorable conditions) service characterization effective 29 January 2007. He had served 21 years, 11 months, and 29 days of satisfactory service towards a Reserve retirement at age 60. ________________________________________________________________ _ AIR FORCE EVALUATION: The Air National Guard received this application for an advisory opinion on 6 August 2007 and has failed to provide one. ________________________________________________________________ _ 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. We took notice of the applicant's complete submission in judging the merits of the case; however, we note that his request that he be eligible for a Reserve retirement at age 60 has already been established. He has met the criteria for a Reserve retirement at age 60 and has but to apply to the appropriate office at the Air Reserve Personnel Center (ARPC) upon reaching the age of 60. Therefore, we find no basis to grant the relief requested. ________________________________________________________________ _ 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-2007-02493 in Executive Session on 7 August 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered: DD Form 149, dated 15 June 2007, w/atchs.