RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00849 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment code of “ineligible” be changed to allow him reentry into the Air National Guard (ANG). _________________________________________________________________ APPLICANT CONTENDS THAT: He has a “1” reenlistment code and would like to reenlist with his previous ANG unit. He used the prescription drug Strattera for less than a month and he was discharged. He was on Ritalin as a child while in school; however, he thought he would do better in college if he were to take Strattera. He was coded as ineligible for worldwide deployment and he feels this was untrue because he was deployed for two months and this was three months prior to his discharge. He served eight years in the military and never had a problem. He started college in January 2009 and has made the Dean’s List every semester he has attended. He is a member of the Phi Theta Kappa (International Honors Society) and has an accumulated 3.58 grade point average. He has not taken Strattera since 2005. In support of his request, the applicant provides copies of personal statements, his NGB Form 22, National Guard Bureau Report of Separation and Record of Service, an unofficial transcript, and a note from his physician. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: Available records indicate the applicant entered the ANG on 5 Apr 03 and was progressively promoted to the grade of senior airman. He was honorably discharged on 18 Nov 05, with the narrative reason for discharge as ineligibility for worldwide deployment, and “ineligible” for his reenlistment eligibility. _________________________________________________________________ AIR FORCE EVALUATION: NGB/A1PS recommends denial and states they concur with NGB/A1POE. A1POE states the applicant provides no evidence to show an error or injustice occurred. Further, AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, states, “separate or discharge an ANG member who is not qualified or eligible for worldwide deployment. The commander initiates action under this authority upon determination that such conditions exist.” Table 3.1, states, “Voluntary or involuntary discharge or separation of enlisted personnel” Rule 14 directs that members separated under this rule are not board eligible and notification procedures listed in Chapter 4 are not required.” The complete NGB/A1PS evaluation, with attachments, is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 3 Sep 10 for review and comment within 30 days (Exhibit C). As of this date, this office has not received a response. _________________________________________________________________ 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 agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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 Docket Number BC-2010-00849 in Executive Session on 14 October 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Feb 10, w/atchs. Exhibit B. Letter, NGB/A1PS, dated 24 Aug 10, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 3 Sep 10.