RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-04315

	COUNSEL:  NONE
 
	HEARING REQUESTED:  NO

APPLICANT’S REQUEST

Her Reenlistment Eligibility (RE) code be changed from 6H (Pending Discharge Involuntary) to 6A (Eligible Selected by Commander).

APPLICANT’S CONTENTIONS

Her RE code is incorrect.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air National Guard technical sergeant (E-6).

The applicant enlisted in the Air National Guard on 26 Feb 97.

On 11 Feb 14, the applicant was discharged with service characterized as under other than honorable conditions (UOTHC) and an RE code of 6H.

On 26 Feb 14, the applicant requested her UOTHC discharge be upgraded to honorable and she be granted a medical discharge/retirement.  

On 25 Aug 15, the applicant’s service characterization was upgraded to general (under honorable conditions).

On 23 Jun 20, NGB 22A, Correction to NGB Form 22, was issued changing the applicant’s RE code to 6B (Eligible - Member elected separation or discharge).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

NGB/A1PP recommends denying the applicant’s request to change her RE code to 6A. This RE code is not appropriate as there is no documentation to suggest the commander would have selected the applicant for retention.  However, the applicant’s current RE code of 6H is also incorrect because it is intended to be a temporary placeholder until the service member is completely discharged.  In view of the forgoing, they have administratively corrected the applicant’s RE code to 6B.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 20 Mar 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was not timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  There is no evidence to support changing the applicant’s RE code to 6A.  Therefore, the Board concurs with the rationale of NGB/A1PP and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The Board also notes the applicant did not file the application within three years of discovering the alleged error or injustice, as required by Section 1552 of Title 10, United States Code, and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records (AFBCMR).  The Board does not find it in the interest of justice to waive the three-year filing requirement.  Therefore, the Board recommends against correcting the applicant’s records beyond that rendered administratively.

RECOMMENDATION

The Board recommends informing the applicant the application was not timely filed; it would not be in the interest of justice to excuse the delay; and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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 Docket Number BC-2019-04315 in Executive Session on 25 Jun 20:

, 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 20 Jun 19.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, dated 29 Jan 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 12 Mar 20.

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