RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02405 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: Her Reentry (RE) Code of 6H (involuntary entry level separation) on her National Guard Bureau Form 22 EF, Report of Separation and Record of Service, be changed to one which will allow her to reenlist in the military. APPLICANT CONTENDS THAT: The RE Code of 6H preventing her from reenlisting in the military is unjust. She had just completed basic military training (BMT) when she made the mistake that got her discharged. That incident does not reflect the person she is. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Reserve of the Air Force on 27 Oct 09. On 9 Jun 11, the applicant was furnished an entry-level separation (ELS) with under honorable conditions (General) under the provisions of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, for failure to adapt to the military environment and issued an RE Code of 6H. She was credited with 1 year, 7 months, and 13 days of service. In accordance with ANGI 36-2002, Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force, members receiving an RE Code of 6H are not eligible to extend or reenlist. In accordance with AFI 36-3209, ELS is defined as the first 180 days of continuous active military service. For members of a Reserve component who have not completed 180 days of continuous active military service and who are not on active duty, entry-level status begins upon enlistment in a Reserve component (including a period of assignment to a delayed entry program). Entry-level status ends 180 days after beginning an initial period of entry-level active duty training. Thus, a member may be in entry-level status for more than 180 days after enlistment. For purposes of characterization of service or description of separation, the member's status is determined by the date of notification as to the initiation of separation proceedings. The remaining relevant facts pertaining to this application is 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 regarding the applicant’s discharge. The Colorado Air National Guard (COANG) revealed that they had purged the legal file on the applicant, but did verify the applicant received an ELS for failure to adapt to the military environment and minor disciplinary infractions. They confirmed the applicant was ineligible for reenlistment in the Air Force Reserve or the COANG and will be denied enlistment in any other component of the armed forces. The specifics of the applicant’s discharge case are neither detailed nor available from the COANG, but they did determine that at the time of the discharge, that discharge was the only recourse. A complete copy of the NGB/A1PP evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant respectfully disagrees with the Air Force evaluation. In support of her response, the applicant reiterated that it was an injustice that her RE Code of 6H makes her ineligible to reenlist, and that it was not appropriate given the incident. She was never charged with a crime, or convicted. The discharge was not thoroughly examined, too expedited and without consideration; it was a one-time isolated lapse in judgment, and was out of character. She elaborates on what she has been doing since her discharge and submitted two character reference letters from family members, and her college transcripts (Exhibit E). 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.  A majority of the Board finds insufficient evidence of an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case, to include the applicant’s response to the Air Force evaluation; however, a majority of the Board agrees with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopts its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the discharge package is not available for our review and the circumstances surrounding the applicant’s discharge could not be verified, the presumption of regularity dictates that in the absence of evidence to the contrary, it must be presumed that the applicant’s discharge, to include the narrative reason for separation and reentry (RE) code, was carried out in accordance with the directive under which it was effected. Therefore, as the applicant has presented no evidence whatsoever that would indicate that there was an abuse of discretionary authority or that the applicant was deprived of rights to which she was entitled, the majority finds no basis to recommend granting the relief sought in this application. 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: A majority of the panel finds insufficient evidence of error or injustice and recommends the application be denied. The following members of the Board considered AFBCMR Docket Number BC-2014-02405 in Executive Session on 21 Apr 15 under the provisions of AFI 36-2603: By a majority vote, the Board voted to deny the application. _________voted to correct the records and has submitted a minority report, which is attached at Exhibit F. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02405 was considered: Exhibit A.  DD Form 149, dated 6 Jun 14. Exhibit B.  Applicant's Master Personnel Records. Exhibit C.  Memorandum, NGB/A1PP, dated 9 Oct 14. Exhibit D.  Letter, SAF/MRBR, dated 27 Oct 14. Exhibit E.  Letter, Applicant, dated 16 Nov 14, w/atchs. Exhibit F.  Minority Report, dated 15 Jun 15.