RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2019-05054

XXXXXXXXXXXXXXX	COUNSEL: NONE	 

 	HEARING REQUESTED: NO

APPLICANT’S REQUEST

His NGB Form 22, Report of Separation and Record of Service, Block 26, Reenlistment Eligibility, “Not Eligible” be changed to “6B,” as listed on his Reenlistment Eligibility Data Display (REDD) report.

His NGB 22, Block 12, Military Education, include “Basic Military Training.”

His DD Form 214, Certificate of Release or Discharge from Active Duty, Block 5, Date of Birth, show “XXXX,” instead”XXXX.” 

APPLICANT’S CONTENTIONS

The errors are clerical.  A recruiter pulled his REDD Report, which shows his RE code is “6B.”
The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a former Air National Guard (ANG) Airman First Class (A1C, E-3).

The applicant provides copies of his birth certificate and Report of Medical Examination, dated 16 Oct 00, showing his DOB XXXXX.

His DD Form 214 issued on 26 Jul 02, shows he was honorably released from active duty with a narrative reason for separation of “Termination of initial active duty for training.”  Block 5 lists his DOB as “XXXXX.”

The applicant’s NGB 22 shows he was discharged from the ANG on 20 Mar 03 for “Entry level performance and conduct.”  Block 7, Date of Birth, shows “XXXXX” Block 12, Military Education, shows “None During this Period,” and Block 26, Reenlistment Eligibility, shows “Not Eligible.”  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 partial grant for correction of his education on the NGB 22 and date of birth on his DD Form 214 because they are incorrect.  The applicant’s RE code was listed as “Not Eligible” because he received an entry level separation.  The code was issued prior to the development of the ANG RE codes; therefore, he would have received an “eligible” or “not eligible.”  Members who receive an entry level separation and not eligible RE code are required to submit a waiver through the State, The Adjutant General (TAG) and NGB/A1PP for approval should they desire to be accessed into the ANG.  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 3 Apr 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

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 non-judicial relief before applying to the Board.

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of NGB/A1PP and finds a preponderance of the evidence substantiates the applicant’s contentions in part.  Specifically, the applicant has provided sufficient evidence to show his DOB as listed on his DD Form 214 is incorrect and completion of BMT was omitted on his NGB 22, which is sufficient to justify granting the applicant’s requests.  However, there was no evidence presented to show his RE code on his NGB 22 demonstrated an error or injustice, and the Board therefore finds no basis to recommend granting that portion of the applicant’s request.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show:

a.	His DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 26 Jul 02, Block 5, Date of Birth, show “XXXX” instead of “XXXX.”

b.	His NGB 22, Report of Separation and Record of Service, issued on 20 Mar 03, Block 12, Military Education, show “Basic Military Training” instead of “None During this Period.”

However, regarding the remainder of the applicant’s request, the Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

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-2019-05054 in Executive Session on 3 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 4 Oct 19
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, NGB/A1PP, dated 3 Apr 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 3 Apr 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.