RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01432 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: His Reenlistment Eligibility (RE) code of “6H” (Pending Discharge-Involuntary) on his National Guard Bureau Form 22, Report of Separation and Record of Service, be upgraded so he may reenter the Air National Guard (ANG). APPLICANT CONTENDS THAT: He should be allowed the opportunity to finish his career in the ANG because he has an honorable character of service. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the ANG on 31 Aug 05. On 21 May 12, the applicant’s commander notified him he was recommending him for involuntary separation IAW AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, for twice failing to progress in on the job training and his Career Development Course (CDC). On 20 Aug 12, the discharge was found legally sufficient. On 11 Oct 12, the applicant was furnished an honorable discharge for substandard (unsatisfactory) performance and was credited with 7 years, 1 month, and 11 days of Reserve service. 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/A1PP recommends denial indicating there is no evidence of an error or an injustice. The applicant was involuntary discharged for twice failing his 5-level CDC exams; he also had a history of CDC failure in his previous specialty. The applicant failed to acknowledge receipt of the certified letter of notification within the five-day time period, as the letter was returned to the unit as “unclaimed.” Therefore, the matter was legally sufficient to proceed with the discharge. Additionally, he demonstrated issues meeting standards regarding the non-drug policy. He admitted to taking prescription drugs that were not prescribed to him while deployed in . Although it was believed the member did not abuse the drugs and only used them to relieve pain, he still was guilty of illegally using prescription drugs. A complete copy of the NGB/A1PP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant describes the details of his separation and provides two letters of recommendation supporting his request to rejoin the ANG. First, as for his lack of preparedness for his CDC exam, his CDC books were inadvertently shipped to Iraq instead of New Jersey and unavailable to him for over seven months. He acknowledges his role in properly preparing for the exam and exhibits enthusiasm for a chance to retest and perform to Air Force standards. Second, he accepts responsibility for the prescription drug use incident and describes the circumstances that led to it. Finally, he loved his service in the ANG and has a strong desire to complete a full career as a Guardsman. He has many positive accomplishments, both within his military career and as a youth mentor in the local community. Additionally, the two supporting letters reflect favorably on his duty performance, integrity, and character of his service; they both fully support the applicant’s reenty into the New Jersey ANG (Exhibit E). 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 injustice. After a thorough review of the evidence of record and the applicant’s complete submission, we believe the applicant is the victim of an injustice. While we note the comments of the Air Force office of primary responsibility indicating that relief should be denied because there was a legitimate basis for his discharge and no evidence that it was carried out in contravention with the governing instructions, we believe a preponderance of the evidence substantiates that corrective action is warranted. In this respect, we note the applicant’s personal statements accepting responsibility for his actions, as well as numerous supporting statements from coworkers and his former commander, is sufficient evidence to change his RE code to 3K (Secretarial Authority). While there is no evidence that an error on the part of the Air Force contributed to the applicant’s predicament, given the unequivocal support of the commander in supporting the applicant’s return to the New Jersey Air National Guard, we believe it would be in the interest of justice to recommend relief be granted. Therefore, we recommend the applicant’s records be corrected as indicated below. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that the Reenlistment Eligibility (RE) code, issued in conjunction with his 11 October 2012 honorable discharge, be changed to 3K (Secretarial Authority). The following members of the Board considered AFBCMR Docket Number BC-2014-01432 in Executive Session on 17 Dec 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Apr 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/A1PP, dated 8 May 14. Exhibit D. Letter, SAF/MRBR, dated 2 Jul 14. Exhibit E. Letter, Applicant, dated 9 Jul 14, w/atchs.