RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-00813

	COUNSEL: NONE
	
	HEARING: YES

APPLICANT REQUESTS THAT:

The reentry code on his NGB Form 22, Report of Separation and Record of Service; be changed from 6H (Pending involuntary discharge) to 2C (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service).

APPLICANT CONTENDS THAT: 

On 24 May 2013, he was under 21 years of age when he was arrested for driving under the influence (DUI) of alcohol.  He successfully completed a program, which lead to the dismissal of his DUI charges and expungement of all records relating to the arrest.  He attempted to enlist in the Marine Corps and was told he qualified for a “Moral Waiver.”  However, his current reentry code is not waiverable.  He contacted the Air Reserve Personnel Center who informed him that 2C is a more appropriate reentry code and should have been entered on his NGB Form 22.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

The applicant entered the Air National Guard on 9 November 2012.  According to NGB Form 22, on 8 September 2013, the applicant was discharged from the Air National Guard under the provisions of AFI 36-3209, Separation and Retirement Procedures for Air National Guard and Air Force Reserve Members, paragraph 3.21.3 (Misconduct-Commission of Serious Offense).  The character of service reflects “Entry Level Separation” and his reenlistment eligibility code is 6H.  For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

On 3 January 2018, according to documentation, provided by the applicant, the County Magistrate ordered all charges relating to the applicant’s DUI offense while under the age of 21 be dismissed, and that all corresponding records be expunged.

AIR FORCE EVALUATION:

NGB/A1PP recommends denying the application.  The applicant was involuntarily discharged for misconduct and according to AFI 36-2606, Reenlistment and Extension of Enlistment in the United States Air Force; he received the appropriate reentry code assigned to members of the Air National Guard.  Reentry code 2C is reserved for members of the Regular Air Force.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 30 November 2017, for comment (Exhibit D), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed, but it is in the interest of justice to excuse the delay.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.  

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is the victim of an injustice.  While the Board notes the comments of NGB/A1PP indicating that relief should be denied, the Board believes a preponderance of the evidence substantiates the applicant’s contentions.  In particular, the applicant has provided evidence that the charges relating to his discharge have been dismissed and all corresponding records have been expunged, which is sufficient to justify changing the applicant’s reentry code to one that is waiverable.  Whether or not he is successful in his attempts to return to the military will depend on the needs of the service, and the Board’s recommendation in no way guarantees that he will allowed to reenter military service.  Therefore, the Board recommends correcting the applicant’s records 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 the Board’s understanding of the issues involved.

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 applicant was discharged with a reentry code 3K on 8 September 2013.

The application was adjudicated without a personal appearance.

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 8 September 2013, the applicant was discharged with a reentry code 3K. 

The application was adjudicated without a personal appearance.

CERTIFICATION: 

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered AFBCMR Docket Number BC-2017-00813 in Executive Session on 17 May 2018:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A: Application, DD Form 149, w/atchs, dated 24 February 2017.
Exhibit B: Documentary evidence, including excerpts from official records.
Exhibit C: Advisory opinion, NGB/A1PP, dated 1 November 2017.
Exhibit D: Notification of Advisory, AFBCMR to applicant, dated 30 November 2017.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.