RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02634 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His NGB Form 22, National Guard Bureau Report of Separation and Record of Service, Block 5a, Rank, be corrected to reflect “Senior Airman (E-4)”, Block 5b, Pay Grade, be corrected to reflect “E-4” and Block 26, Reenlistment Eligibility, be corrected to reflect “Eligible”. APPLICANT CONTENDS THAT: He was separated due to a medical condition that is now under control with the assistance of the medication: Levothyroxine. Therefore, he would like to once again serve his country. He is not seeking additional benefits; he just purely wants to serve. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Pennsylvania Army National Guard on 22 Aug 85. In Aug 04, the applicant missed four unit training assembly (UTA) periods. In Sep 04, the applicant missed four UTA periods. On 6 Nov 04, the Staff Judge Advocate was asked to conduct a legal review of a demotion package. In accordance with ANGI 36- 2503, paragraph 4.6., ANG members may be demoted for unsatisfactory participation if a member has “six or more unexcused absences from scheduled UTA periods in any continuous 12-month period.” The applicant missed eight UTA periods in the last 12 months. The SJA found the case legally sufficient. Effective 7 Nov 04, the applicant was demoted to the grade of Airman (E-2) with a date of rank of 7 Nov 04 for “Unsatisfactory Participation”. Examiner’s Note: No medical information is available and the information provided is based on limited data within the applicant’s records. On 31 Jan 05, the Physical Exams and Standards Branch ANG, Office of the Air Surgeon, certified the applicant as medically disqualified for world-wide duty. On 8 Feb 05, the ANG Surgeon General’s office determined the applicant was medically disqualified and recommended him for discharge. Due to the applicant being medically disqualified for continued service, the applicant applied for Early Qualification for Retired Pay at Age 60 and transfer to the Retired Reserve effective 2 Apr 05, for reason of Medical Disqualification. The applicant was credited with 19 years, 7 months, and 10 days of total service for pay. The applicant’s NGB 22, block 5a reflects Airman, block 5b reflects (E-2), and block 26 reflects “Ineligible”. The remaining relevant facts pertaining to this application are contained in the memorandums prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: NGB/SGPA recommends denial indicating there is no evidence of an error or an injustice. The applicant was medically disqualified from continued service in the Air National Guard and permanently retired from service. While he states his medical condition that led to his separation is currently stable and controlled with medication, he did not provide any documentation to prove the condition has been stabilized. A complete copy of the NGB/SGPA evaluation is at Exhibit C. NGB/A1PP recommends correction to the NGB Form 22 to reflect a Reenlistment Eligibility code of “6P - Medically disqualified - pending waiver.” This course of action will provide the applicant relief as it allows him to apply for an enlistment waiver in accordance with ANGI 36-2002, Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force, Chapter 2, paragraph 2.6.1.2. They were able to verify that the applicant’s rank on his DD Form 4 and retirement order reflect the rank/grade of Senior Airman/E-4 and therefore recommend correcting his pay grade to Senior Airman/E-4. A complete copy of the NGB/A1PP evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 3 Aug 15 for review and comment within 30 days (Exhibit E). 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 not timely filed. While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely; however, it is in the interest of justice to waive the failure to timely file. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice to warrant partial relief. In this regard, we note NGB/A1PP has indicated that the applicant’s grade, rank, and reenlistment code on his NGB Form 22 should be corrected based on their validation of the applicant’s record. We agree. However, while we note the applicant requested his reenlistment eligibility be corrected to reflect “eligible”, we agree with NGB/A1PP that he has not provided sufficient medical documentation to prove his medical condition has been stabilized. Therefore, we recommend the applicant’s records be corrected to the extent indicated below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 31 March 2005, the NGB Form 22, National Guard Bureau Report of Separation and Record of Service, Block 5a, Rank, be corrected to reflect “Senior Airman”, Block 5b, Pay Grade, be corrected to reflect “E-4”, and Block 26, Reenlistment Eligibility, be corrected to reflect “6P”. The following members of the Board considered AFBCMR Docket Number BC-2014-02634 in Executive Session on 15 Sep 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-02634 was considered: Exhibit A. DD Form 149, dated 26 Jul 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, NGB/SGPA, dated 14 Aug 14. Exhibit D. Memorandum, NGB/A1PP, dated 27 Jul 15 Exhibit E. Letter, SAF/MRBR, dated 3 Aug 15.