Free Reply to Response to Motion - District Court of Federal Claims - federal

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Table 1.6. GradeDetermination for Non-Prior Service Enlistees

Presents General Billy Mitchell Axvardcertificate showing E-3 successful completion of the CAP training program. (Note

2.)
2. Has completed one or more years of college ROTC and possesses a letter of recommendationfrom the ROTC detachment commander. Has satisfactorily completedthe eutire 3-year high school junior ROTC program, is a high school graduate, presents official certificate of completionfrom the service component or the school conducting the program. (Note 2.) Is a former service academy student with at least one year of service. Enlists into an AFSC listed in AFI10-201, Status of Resources and Training System, Table 3.1. (Notes 2.) Hasat least 45 semester hours or at least 67-quarter hours of accredited junior college/college credits. (Note 4.) Hassatisfactorily completedat least two years of high school ROTC program, is a high school graduate, and presents written evidence of programparticipation from the service componentor the school conducting the program. (Note 2.) Is a former service academystudent with over 90 days of service but less thau one year. (Note 3.) Hasat least 20 but less than 45 semesterhours or at least 30 but less than 67 quarter hours of accredited janior college/ college credits. (Note 4.) Recipients oftbe Boy Scout Eagle A~vardor the Girl Scout Gold Palm. (Note 2.) E-I

3

4. 5. 6. 7.

8. 9.

10.

I1. ~Other than above. NOTES:

Documents presented after enlistment processing is co~npleted maynot be used as a basis for changing the enlistment grade, except as specifically authorized in Note 2. (NO WAIVERS WILLBE CONSIDERED) Every effort must be made to ensure the applicant is enlisted into the appropriate grade at the time of the enlistment process. Adviseappli-

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cants whopresent documentsfor a higher enlistment grade after enlistment to submit a request to the Air Force Board for Correction of Military Records. 2. An individual enlisted in the senior year of high school will be enlisted in grade E-I. A high school senior will not enlist into any grade higher than E-l, there will be no exceptions, hnmediately upon graduation from high school and upon receipt of the required documents, the individual maybe promoted to the grade reflected in ColumnB, with an effective date of graduation. These actions must be completedprior to entry into Basic Military Training. This process will be incorporated as part of the out-processing procedures for attendance at BMT. recruiters will brief the new member ANG that it is the new member's responsibility to bring their high sclaool diplomaor acceptable high school credential in upon graduation/completion of high school. The recruiter will ensure an MPF Career Enhancement representative receives a copy of the diploma/credential. Failure to completethis action will result in the individual appealing to the Air Force Boardfor Correction of Military Records using DDForm149, Application for Correction of Military Records. 3. Unless separated for cause or highest grade held was E-I. 4. Certification of completed college semester hours is required. Examplesare a certified college transcript or a validated letter fromthe college.

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Table 1.7. Grade Determinationfor Prior Service Enlistees. (Note 8.)

I.

Prior to sixth anniversary of Date of Separation (DOS)

Air Force component Other than an Air Force component Any component

Grade held on separation CNotes 2., 4. through7.) I., MaximumGrade: SSgt/E5 (Notes 1. through 7.) Maximum Grade: SSgt/E-5 (Notes 2. through 7.)

2. Prior to sixth anniversary of Date of Separation (DOS) 3. After sixth anniversary of Date of Separation (DOS)

NOTES: I. The grades listed in Column are highest grades authorized for enlistment, provided all C other provisions of this instruction, ANGI 36-2502, Promotion of Airmen, and ANGI 36-210 I, such as the requirement for an authorized UMD vacancy (sole occupant) prior enlistment of an individual in the grades of E-6, E-7, E-8, and E-9. Enlistments at the grade of E-6 and above into a valid unit vacancy, will require a written recommendation frmn the gaining Unit/Squadroo Commander.The recommendation will be forwarded to the Wing/CC final approval before enlistment. for 2. Individuals up through the grade of E-5 maybe entisted regardless of UMD vacancy. grades for enlistment; 3. These are maximum mander'sdiscretion. lower grade determination is at the com-

4. Prior service applicants whoqualify for enlistment in pay grade E-4 will be enlisted as senior airmen, even if the applicant previously held NCO status in an Air Force component. 5. Refer to Table 1.8., to determine time-in-grade/date of ran~grade effective date. 6. Former commissioned officers with no prior enlisted time maybe enlisted up to E-S/Staff Sergeants. Thosewith prior enlisted service maybe enlisted in highest enlisted grade held or E-S/Staff Sergeant; whicheveris higher, see paragraph 1.14., Refer to Table 1.8., to determine date of rank. Warrantofficers are considered commissioned officers for enlistment purposes. 7. For PS Naval Reservist or United States Coast Guard applicants see paragraph 1.16.4. 8. If the individual holds or has held a grade higher than the Unit ManningDocument (UMD) position authorized, enlist the member that higher grade, and then immediately at demote to the grade authorized on the UMD nnder the provision of ANGI36-2503, A&ninistrath,e Demotionof Airmen. The higher grade held at the time of enlistment will not be updated in MILPDS, only the grade to which the individual was demoted. All time in grade at the higher grade held prior to the demotionaction will be documented the on DDForm 4, Section 8b. Example: MSgt (E-7) with a date of rank of 1 January 1990 enlisted on 30 August 2002, then demoted to TSgt (E-6). Entry in section 8b: Time

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Grade as MSgt (E-7) 1 January 1990 to 29 August 2002. This procedure will allow the adjustment of DOR,whenthe memberis subsequently promoted back to the grade previously held.

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32 Table 1.8. Date of RankAdjustment. (Note 5.) If applicant is ..................

Currently an enlisted member The sameas that currently held. of United States Air Force, Air Force Reserve, or Air National Gnard as A fbrmer enlisted memberof The same DOR held adjusted to deduct breaks in regular or reserve service. (Notes l. through 4.) the AK USAFR, or ANG Former commissioned officer (any branch) All other USservices Date of enlistment. (Note 4.) The same DOR held adjusted to deduct breaks in as regular or reserve service. (Notes 1. through 4.)

NOTES: I. The date of rank adjustment will be accomplished and entered into MILPDS within 5 workdaysof the enlistment. Nodate of rank adjustment will be permitted after the date of enlistment (NO WAIVERS W1LLBE CONSIDERED). 2. If a date of rank adjustment is not accomplished the date of enlistment, the member on will be required to submit an appeal to the Air Force Board for Correction of Military Records using DDForm149, Application for Correction of Military Records using DDForm149. 3. The Date of Rank adjustment will be documentedon the DDForm 4, Section 8b. 4. The Current Grade Effective Date will be the Date of Enlistment (DOE). 5. All telephone or e-mail inquires/questions concerningTable 1.8., will be addressed to the State or Territory RRS. The RRSin turn maycall ANG/DPFOM further information or for clarification.

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Table 1.9. Acceptability Of Applicants With Previous Military Service. (Note 11.)

1. 2. 3. 4. 5. 6.

Air Force Army Marines Navy Coast Guard Other than Air Force

1, lJ, 1T, 3A, 3C, 3D, 3E, 31,3J, 3S, 3V, 4MEnlist~otes 1.,2.,3., 4., 6, 7, 8., and 10.) 1, 1A, IB, 1C, 2, 2A, 2B, 3, 3A, 3S, 3V Enlist ~otes 1., 2., 3., 4., 9., and10.)

Recommended reenlistment: 1A,1B,3S, Enlist (Notes 1., 2., 3., for 3V 4, and 10.) Recommend reenlistment: t, 3K, 3E, for 3S, 3R, 3T, 3U, 3X, 5, 7, R1 Recommend eligible for reenlistment: or RI, I, 3J, 3X Otherthan Rules3., 4., 5., and 6., or no entry Enlist (Notes 1., 2., 3., 4., and 10.) Enlist (Notes1., 2., 3., 4., and 10.) Not enlist (Notes I., 2., 3., 4., 5, 7., and t0.) (Notes 1., 2.3.4., 5. 7., and 10.) and entry on the last issued NGB is a bar 22 to enlistment/reenlistment or no entry, then see notes1., 2., 3., 4., 5., 7., 8., 9., 10., and Table 1.3.

7. 8.

Any Reserve component of the US. Air National Guardor Army National Guard

NOTES: I. If nnable to verify reason for separation, ask applicant what they believe was the reason for separation and for~vard eligibility verification request to the ANG Liaison Office, ATTN:DARP-PPR-L,St. Louis MO63132-5200. If response from the ANG Liaison Office confirms a bar to enlistment, see Note 2. If unable to verify reason for discharge after checking with ANG Liaison Office, discontinue enlistment. Applicants last separated from a Delayed Enlistment Program(DEP) for failure to enlist in the Regular Component are NPSand maybe enlisted if otherwise qualified. 2. An entry in REcode block other than those identified in Colamn is a bar to enlistment. B Waivers shoald be considered only whenthere is very clear evidence that the REcode was issued in error, member discharged under hardship, insufficient retainability, or other was similar non-misconducttype situation. Forward waivers as necessary. Otherwise, advise applicant of procedures in Note 3.

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34

3. Persons whowere last separated from the USArmed Forces with a characterization of discharge or condition of separation that is a bar to enlistment should be advised of the procedure for reviexv of discharge (AFI 36-3202, Separation Documents, Attachment 5). Favorable action by a discharge review board maymakethe applicant eligible for enlistment if otherwise qualified. Applicant mayobtain DDForm293, Application for Review of Discharge or Dismissal fi'om the ArmedForces of the United States, from any armed forces installation or the Federal Records Center (MPF-AF),9700 Page Boulevard, Louis, Missouri, 63132. 4. If separated for hardship, see Table 1.3., rule 29. 5. If last period of documented service was in any reserve component,eligibility determination will be verified through appropriate componentor throngh appropriate separation doctunentation. If eligibility determination cannot be madeat the local level, forward all available information and documents to ANG/DPFOM final determination. for

6. A waiver maybe requested if an individual was separated with an Honorable Discharge and a DDForm 214 or DDForm215, Correction to DDForm 214, Certificate of Release or Dischargefi'om Active Duty, RECode of 2/91, 3/91, 4, 15, 20, which was issued under the authority of AFI 36-3208, Administrative Separation of Airmen, AFI 36-3209 and AFI 36-3017, Special DuO, Assignment Pay (SDAP) P~vgram. 7. If the individual has an RECode2 Series and were discharged: 7.1. Voluntarily (e.g., expiration of term of service, early release program, and similar releases), then the individual must appeal to the Air Force Board for Correction of Military Records using DDForm149, Application for Correction of Military Records, under the provisions of Title 10 USCode, Section 1552. 7.2. Involuntary separated with RECode2 Series member must appeal to the appropriate discharge review board using DDForm 293. Normally, these individuals have RE Code 2Bor 2C, or 2P if separated prior to 14 Jan 83. 8. RECode 4D and 4E can be waived by The Adjutant General after complete review of the applicant's records. Also, the member's file must not reflect any derogatory information on his/her records, e.g., UIF, Article 15, Control Roster action, etc. Applicants who received separation pay of any type, require TAG waiver and must be briefed by MPF persounel that when/if member becomesretirement eligible; separation pay maybe collected from the member'sretirement pay. 9. RECode3 is only valid if the following SPDcodes are used (applies to single digit RE ONLY): 9.1. JCC/KCC/LCC/MCC - Reduction in Force 9.2. KCA/MCAVoluntary Separation 9.3. MCF/KCFEarly release for Schooling 9.4. MDF Pregnancy 9.5. KDS Defective enlistment 9.6. LBK Voluntary/Expiration of Termof Service. 10. PS applicants discharged regardless of REcode for "Failure to obtain citizenship" maybe considered for enlistment, if they are able to meet the following requirements: 10.l. Applicant possesses a valid INS document indicating current approved residency

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1 MARCH2004 does not expire within the proposed period of enlistment. 10.2. Applicantapplies for citizenship prior to enlistment. 10.3. Applicant must obtain citizenship during initial enlistment. 10.4. Applicant must possess or be eligible for a secret clearance.

11. All telephone or e-mail inquires/questions concerning Table 1.3.. through Table 1.9., will be addressed to the State or Territory RRS. The RRSin turn may call ANG/DPFOM for further informationor clarification.

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36 Figure 1.1. Enlistment Questionnaire.

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In connectionwith myenlistment in the (State/Territory) Air National Guard,I certify that the followingis a tree and correct statementof eligibilits, for enlistmentin accordance with current requirements of ANGI 36-2002. I. Haveyou ever been involved, arrested, indicted, or convicted for any violation of civil or military la~v, including nonjudical punishment pursuant to Article 15 of the Unif~)rmCodeof Military Justice (UCMJ) minor traffic violations? or Yes No (Initials) 2. Are you a conscientious objector? (A conscientious objector is defined as one whorefoses to serve in the Armed Forces or bear arms on the grounds of moral or religious principles,) Yes No (Initials) 3. Are you a sole survivor? Yes No (Initials)

4. tfyou are an immigrantalien whoenlisted on or aRer t June 1983, have you since that time acquired US citizenship status? Yes No (Initials) 5. Are you currently enrolled in the advanced course of Air Force ROTC, Army ROTC, Naval ROTC, are you a scholarship student in these programs? or or Yes No (Initials)

6. Have you ever been separated or are you pending separation from any branch of the uoiformed services for cause? Yes No (Initials) 7. Haveyou engaged in any act or acts designed to destroy or weakenthe United States? Yes No (Initials) 8. Are you uoder investigation by military or civilian authorities? Yes No (Initials) No (Initials)

9. Are you under the influence of drugs or alcohol? Yes

I0. Haveyou ever tested positive for an illegal drug/substance? Yes No _(loitials)

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37

I I. Are you an alcoholic? Yes

12. If yon are an alcoholic, are you in a rehabilitation program? Yes No (Initials) program?

13. Haveyou ever completed a drug and/or alcohol rehabilitation Yes No (Initials) No

14. Do you have a history of mental illness? Yes

(Initials)

Signature of Applicant/Date

Signature orANG Recruiter/Date NOTE: Giving false or misleading information which mayaffect your eligibility for enlistment and mayresnlt in separation from the (State) Air National Gnard on the basis of fraudulent/erroneous enlistment. Distribution: (Original) UPRG (I) Applicant (1) State

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38 Figure 1.2. Certificate of Availability of Key Employees. (Appropriate Letterhead)

Date: MEMORANDUM (Guard FOR FROM: (Agency) SUBJECT: Certificate of Availability of Key Employee Unit/Address)

I concur in tbe ReadyReserve assignment of(name/military grade/SSN) whois employedas Oob title of civilian position GSgrade, etc., at (location of civilian employment). In the event of a partial or full mobilization, the member be available for active military duB'. will I certify tbat this agencywill not request a delay in the entry on active military duty with the Air National Guard if alerted or ordered to AD/IADT during a period of national emergency declared as and authorized under current law. 1 understand that this certificate remains effective for the period the above named person maintains their membership the Air National Guardunless withdrawnby this agency by letter of notiin fication to the Commander the Air National Gnard unit of assignment. of I further understandthat this letter cannot be withdrawn the member either alerted or involif is untarily ordered to AD a result of an emergency as proclaimed by the President or declared by Congress or as a result of any involuntary call to ADordered by the President under provisions of law.

(Signature of supervisor or other designated official) Typenameof supervisor and title of position NOTES: I. This certificate is prepared in a single copy on official letterhead stationery and signed by the member's supervisor or other designated official authorized to certify to the availability of the employee. 2. Properly corapleted and signed, the letter is forwardedto the Air National Guardunit of assignment and flied in the member'sUPRG. 3. Member must obtain a newcertificate Distribntion: each time their position as a KeyEmployeechanges. (1) Member (I)

(1) UPRG(1) Commander

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Figure 1.3. Military Status of Key Employee. (Appropriate Letterhead) Date: MEMORANDUM (Appropriate FOR FROM: (Agency) SUBJECT: Military Status of Key Employee This is to certify that the employeenamedbelow occupies a key position requiring a minimum of 90 days of specialized training or experience and wbich: a. Is necessary to tile mobilization or emergency functions of this agencyor firm; o~; b. Is essential to the continuity of operations or the leadership of this agencyor firm. There is a current shortage of qualified personnel within this agencyor firm to the extent that no adequate replacement exists for this employeeand the duties cannot be reassigned to other employees. It is therefore recommended they not be considered available for active military duty in a that national emergencyunder the provisions pertaining to Key Employeescontained in your ANGI 36-2002. Pertinent data as to the employee as follows: is a. Name employee of (last, first, middle initial). b. Social Security Number. c. Military grade. d. Military unit to whichassigned. e. Title of employee's civilian position. f. Salary level (roundedto nearest whole)of civilian position. g. Date hired or assigned to position. 11. Statementif employee or has not beennotified of this action. has ANGUnit Commander)

(Signature, Typednameand title of departmentchief, agencs; office or director of personnel office of defense supporting industry) Distribution: (1) UPRG(1) Member (1) Commander (1)

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Figure 1.4. DependencyStatement for Enlistment. I hereby acknowledge that no representative or agent including any recruiter of the (state's name) Air National Guard has in any way convinced me to give up custody of myminor dependents in order to qualify for Air National Guardmembership.I have been advised that in addition to meeting the enlistment requirelnents as they pertain to dependency,1 must meet all other requirements whichinclude, but are not limited to: physical condition, test scores, background, qualifications for a specific job, tenure on a waiting list as maintainedby the unit of application, availability of a quota to allow meto attend Basic Military Training and Technical Training School (if applicable) along with other governingenlistment criteria. I realize that if I amrequired to give up custody oflninor dependentsthat does not assure myenlistmentin the (State's name)Air National Guard. I understand that, in order to enlist, I maynot now or in the future, have other disqualifications, whichwouldprevent myenlistment. Tbe recruiters have advised me against giving tip custody of myminor dependents. I realize that once I give up custody, the possibility exists that another person or persons mayattempt to gain (or regain) custody of said dependents. I hereby waive any claim I nowhave or mayhereafter acquire against the (State's name) Air National Guard, its agents or representatives including any recruiters by reason of foregoing, and hereby release the (state's name)Air National Guard, its agents and representatives including recruiters, from any and all liabilities whichmayarise from any advice given to me concerning my decision and options involving custody of my minor dependents. TYPED NAME OF APPLICANT AND SSN (Signature) NAME OF WITNESS (Signature). I certify, that the aboveindividual signed this of his/her ownfree will. TYPED NAME OF WITNESS (Signature). DATE THIS FORM ONLY TO BE USED FOR MEMBERSREQUIRED TO OBTAIN COURT ORDER in accordance with Table 1.4. (Date)

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54 Chapter 4

REENLISTMENT, EXTENSION AND STATE-TO-STATE TI~kNSFERS 4.1. Voluntary Reenlistment or Extension of Enlistment. When individual desires to contihue in an his/her ANG status without a break in service, they mayrequest to reenlist or extend their current enlistment. This request will be initiated by the member their commander. individual wiI1 be reenlisted or to No extended without the concurrence of the commander.A commander approve or deny reeniistment or may extension to any memberof their command.Continued retention in the ANG a command is prerogative and is not an inherent right of any individual. 4.1. I. Extensions will be for a minimum period of 6 months and a maximum period of 4 years per extension. Morethan one extension is authorized on a current enlistment contract. However,the total of all such extensions on the current enlistment contract will not exceed four years. (Title l0 USC 509) Exceptions to this rule not listed in Table 4.2., require approval by ANG/DPFOM. Retention beyondage 60 is not authorized except under paragraphs 4.1.3. or 4.1.4., below. Extensions wilt be accomplished in four copies using the NGB Extension of Enlistmem in the Air National Guardand 66, as a Reserve of the Air Force. 4. 1.2. The terms of reenlistment within the ANG be for a period of 3, 4, 5, or 6 years. (see Table may 4.3.) 4.1.3. A membermaynot extend an enlistment]reenlistment grmn. to qualify for the ANG Incentive Pro-

4.1.4. An individual whowill not be qualified for retirement under Chapter 67, Title 10, USC upon reaching age 60, but will qualify before attaining age 62, and is otherwise qualified for retention, may be extended for the numberof years, months, and days required to qualify for retirement. This provision applies only whena waiver for retention beyond age 60 in accordance with this instruction was granted by ANG the time of enlistment. Otherwiseaction will be taken to affect the discharge of the at member the end of their current enlistment. This type of extension request will be forwarded to at ANG/DPFOM final action. for 4.1.5. Retention beyondage 60 is not authorized ira member then qualified for retired pay under is Chapter 67, Title 10, USC Exceptions for extensions beyond age 60 for retirement eligible members for the purpose of qualifying for a technician annuity will be approved on a case by case basis by ANG/DPFOM. HumanResources Office (HRO) at State Headquarters will indorse waivers The this nature. 4.1.6. Members are hospitalized, temporarily physically disqualified, or pending a medical/physwho ical evaluation board, maybe extended beyondage 60. Justification for extension should be submitted through the unit commander TAG,in letter format. Request must include, as a minimum, to synopsis of the problem, prognosis, and anticipated get well/completion date. The synopsis must be from a military provider. 4.I .7. Members enrolled in Phase 1 (not making satisfactory progress) and while on the 90-Day Health hnprovementPeriod (HIP) in accordance with ANGI 40-502, at ETSwill not be permitted reenlist. Waiversmaybe granted by TAG a period not to exceed the time it ~vill take to achieve the for maximum allowable weight/body fat measure standard at the established rate of weight loss (mini-

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mum extension is 6 months). Members enrolled in Phase II, (making satisfactory progress) mayteenlist for a periodof 3, 4, 5, or 6 years. 4.1.8. Extensions of enlistment become effective the day following current ETS. Members cannot reenlist any earlier than 90 days prior to their ETS. (Exceptions do exist within the Montgomery G.L Bill (MGIB)Program as outlined by ANG/DPFOM. Waivers (otber than exceptions noted) must approved by ANG/DPFOM to reenlistment. prior 4.2. ANG State-to-State Transfers. Whenan ANG memberindicates a desire to transfer to another ANG in a different state, the losing state will supply the gaining state with an affiliation packet conunit taining the following: a list of ANG units in the state the member wisbes to transfer to, recruiting points of contact in that state, conditional release form (AF1288) a copy of the latest record revie~v RIRlast 526, ANG/USAFR Point Credit Summary, DDForm 93, Record of Emergency Dam, DDForm 214s and NGB 22s, copies of all promotion orders, most current RCPHA within 12 months, latest physical, latest direct deposit form and any other pertinent or necessary documents. The only enlistment document required to be accomplishedby the gaining state is a new DDForm4. State transferees must meet retention physical standards; if the members RCPHA due, then a current RCPHA be completed prior to is must enlistment. Membersmay be assessed in accordance with ANGI 36-2101. Whenthe new membertransfers, the gaining state will code that member overgrade or excess (if applicable) in MtLPDS. as 4.2.1. A State-to-State transfer must meet Weight/Body Fat Management Program (WBFMP) standards. If the member does not meet Weight/Body Fat standards, the applicant will normally not be allowed to enlist under these circumstances, the ANG recruiter will contact the losing unit to determine if the member enrolled in WBFME the applicant is currently enrolled, the gaining unit comis If mandermust be notified of tbeir current status in the WBFMP. final decision on accepting the The member will be that of the gaining unit commander. 4.2.2. Members may be assessed in accordance with ANGI 36-2101. 4.3. Separation from the ANGand Assignment to Air Reserve Personnel Center (ARPC), Non-Affiliated Reserve Section ~ARS).For the purpose of transfer to the Retired Reserve, tbe member must have at least six months retainability in the Military Personnel Data System (MILPDS) time at ANG separation, A person with less retainability maybe administratively extended for an appropriate period to affect the transfer to the Retired Reserve. Administrative extensions contracted solely for this purpose may be accomplished without ANQ/DPFOM approval. This action will ensure ARPC sufficient time to take the administrative actions required to transfer an ANG airman to the Retired Reserve before the member'sETS. This action is also necessary for members are over fifty-nine and one-half years who of age. Members will not perform any active or inactive duty, with or witbout pay, after their 60th birthday. 4.4. Involuntary Extension of Enlistment, An enlistment maybe involuntarily or administratively extendedfor the purposeof allowing sufficient time for conclusion of a trial or investigation for a violation of the UniformCodeof Military Justice (UCMJ) the State Military Code(see Table 4.2., Rule 9.), or or to allow sufficient time for a member is hospitalized, temporarily physically disqualified, or pendwho ing a medical/physical evaluation board (see Table 4.2., Rule 12.), or whenaffected by the provisions "Stop-Loss" or due to Mobilization. (see Table 4.2., Rule 10.)

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4.4.1. Members be extended, at the discretion of The Adjutant General, whena member been may has denied reenlistment and has a pending complaint or grievance in their behalf, that will not be adjudicate prior to their ETS.In this instance, the member will be extendedfor six monthsor until adjudication is received. 4.4.2. Do not involuntarily retain a member beyond ETSfor the processing of an administrative discharge action as ontlined in AFI36-3209. 4.5. NGB Extension of Enlistment in the Air National Guardand as a Reserve of the Air Force. 66, Instructions for completing the form are located on the reverse and are self-explanatory, except as follows: 4.5.l. Involuntary administrative extension for the purpose of allowing sufficient retainability under the provisions of"Stop-Loss", for the conclusion of a trial or investigation due to a violation of the UniformCode of Military Justice (UCMJ) the State Military Code: If the member not available or is for signature or refuses to sign, type the following statement: "NOTAVAILABLE SIGNATURE FOR - SEEREMARKS." the remarks section type the following explanation: "Administrative extension In to accommodate 6 months' retainability requirement for the purpose of (state reason) in accorthe dance with ANGI 36-2002." 4.5.2. Administrative extensions maybe accomplished for the following reasons: hospitalized, temporarily physically disqualified, pending a medical/physical evaluation board or retirement retainability. Have the member sign the completed form, if capable. If the member unavailable, unable, or is refuses to sign, type the following statement: "NOT AVAILABLE SIGNATURE SEE FOR REMARKS." Commander Director of Personnel may sign the form and in the remarks section The or type the following: "Administrative extension to (state reason)." 4.6. NGB Sttttement for Reenlistment/Extension in the Ah" National Guard: Will be completed for 17, all reenlistments and extensions. 4.7. AF 2030, USAF Drugand Alcohol AbuseCertificate: Will be completed for all reenlistments and extensions in the Air National Guard. 4.8. DDForm4, Enlistment or Reenlistment Agreement- Armed Forces of the United States. This form xvill be nsed if member reenlisting. Typethis form for each applicant whoreenlists in accordance is with Attachment3. Ensure that each entry is accurate and verified by the applicant or by substantiating documents. 4.9. Terms of Reenlistment. An individual whoreenlists in the ANG must concurrently reenlist as a Reserveof the Air Force in the same grade for a period equal to their ANG reenlistment. (See Table 4.3.) 4.10. NGB Report of Separation and Recordof Service. Tiffs form is not mandatory for members 22, whoimmediately reenlist; therefore a form does not need to be completed unless requested by the member. I fan NGB is requested, complete the form in accordance with ANGI 22 36-3201, Air National Guard Separation Documents, 4.11. Reenlistment/ExtensionQuestionnaire (Figure 4.1.). pleted for all reenlistments and extensions. This mandatory questionnaire will be com-

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57

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Table 4.1. Reenlistment and Extension Ineligibility

Morally Unacceptable (Category (1) A person convicted by civilian court of an offense punishable by death or convicted of one or more Catel Offenses, see Attachment 2) gory 1 offenses. (Note 1. and 6.) (2) A person under restraint. (Note i. and 6.) (See Attachment1, Terms)

(3) Has questionable moral character, or with a history anti-social behavior (inclnding history of psychosis), frequent difficulties with law enforcementagencies, transexualism and other gender identity disorders, exhi)itionism, transvestitism, voyenrism,and other paraphilic, or homosexualor bisexual conduct. (See Attachment 1 for explanation of ANG policy on homosexual conduct and eligibility determination procedures) (Note l. and 6.) Morally Unacceptable (Category Persons convicted by a civilian court under circumstances as indicated below: 2, 3, 4, and 5 Offenses, see (1) First offense, Category2. (Note Attachment2) (Note 4.) only, Category 2. (Note 3.) (2) First offense DUI/DWI (3) Twoor more offenses in Category 2.(Note 2.) (4) One or more offenses in Category 3. (Note 3.) (5) %voconvictions or adverse adjudications in the last three years, or three or moreconvictions or adverse adjudications of Category4, in a lifetime. (Note 3.) (6) Conviction or adverse adjudication of 6 or more Category 5 offenses in a 365-dayperiod in the last three /ears. (Note 5.) EXCEPTION: 2., applies for waivers on appliNote cants being reenlisted or extended for subsequent appointment. Persons under parole, probation, or snspended sentence (See Note 1. and Attachment 1, Terms)

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58

Members under investigation by military or civilian authorities (including Office of Special Investigation (OSI)) pending outcome of which mayresult in administrative discharge processing

When ETS is imminent, and membersare under investigation, they mayvoluntarily extend their enlistment for 6-month periods using this rule as authority and follo~ving the procedures in this instruction to remain as members in the ANG until the case is decided. If they elect not to extend and the commander chooses not to extend them involuntarily, they will be separated on ETSand reenlistment is barred. (Appropriate comment will be madeon NGB Remarks). (Note 1 .) (Table 4.2., 22,

3.)
]Underthe influence of alcohol or Persons whoare under the influence of alcohol or drugs ]drugs (Title 10 USC 504) will not be processed. (Note 1.) I Drug users/Drug abasers Members identified through the drug identification process are ineligible to extend/reenlist. (Note 1) Alcoholics/Alcohol Rehabilitation Program I. Persons known be addicted to alcohol. (Note I.) to i2. Individuals whohave documentation indicating successful completion of a rehabilitation program, whohave maintainedsobriety for at least two years and are medically qualified. (Note3.) Mental illness National security risk A person with a documented history of mental illness.

4

(Note 1.)
Persons whoadmit or whoseavailable records show that they have engagedin any act or acts designed to destroy or weaken United States. In addition, persons will be the denied reenlistment if the acceptanceis not clearly consistent with the interest of national security in accordance ~vith AFI31-50l. (Note 1.) Immigrant aliens whoenlist in the ANG must acquire US citizenship status during their initial enlistmentto be eligible for reenlistment/extension. (Note 1.) Students enrolled in the advancedcourse of Air Force ROTC,Army ROTC,or Naval ROTC scholarship stuor dents in these programs. (Note t.) This does not include those enrolled in Air Force ROTC courses under the sponsorship of a state programthat uses Air Force ROTC a commissioning source. as

10.

hnmigrant alien members

ll.

ROTCStudents

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12. Not selected for retention 13.

Individuals not selected for retention. (see Table 1.3., Rule48., Notes 2., 7.)

PS personnel (Note 1) see Table 1.3., Rule 44., unless Memberswho cannot attain 20 years for retirement purposes by other~viseas stated in paragraphs4.1.3. or 4.1.4. age 60 Conviction of"Crime of Domes- Individuals with a qualifying conviction of domesticviotic Violence" lence, whichoccurred prior to or after 30 Sep 96. To determine ifa particular conviction meets the domestic (See Attachment 1, Terms) violence crime criteria, consult with the local Staff Judge Advocate(SJA), whowill assist with the determination. (See Attachment Part III, Items a, b, d through 1) 6, (Note 3)

14.

NOTES: I. No waivers will be permitted. 2. A waiver request will be submitted to ANG/DPFOMaccordance with Chapter 5. Copies of an in approved waiver will be permanently attached to the DDForm 4/NGB to which they pertain 66 and filed in the Unit Personnel RecordGroup. or 3. The waiver authority is TAG designee, and must be in writing in accordance ~vith Chapter 5. Copies of an approved waiver will be permanently attached to the DDForm 4~GB66 to which they pertain and filed in the Unit Personnel RecordGroup. 4. If the incident occurred while the memberwas in the Air National Guard and punishment was received under Article 15 or other judicial/administrative action and the member otherwise is qualified for reenlistment/extension, no waiver is required. commander.

5. The waiver authority is TAG,whomaydelegate to installation

6. Category I offenses are a bar to reenlistment/extension, no matter whenthe offense was committed.

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60 Table 4.2. Terms of Extension/Exceptions/Categories

Requesting to continue ANG sta- The time requested by the member.(see paragraph tus without a break, but not reen- 4.1. and Notes 6. and 7.) listing i Selected for service commitment See ANGI 36-2101, Table 5.1., for extension that requires specific retainability. requirements. (see Note 6.) An airman whoaccepts a Statutory/Active Guard Reserve (AGR)Tour or accepts a subsequent Statutory/AGR Tour. Weight/Body Fat Management Program (ANGI40-502). MGIB-Selected Reserve (SR) A period that will coincide with an active duty tour that will not exceed four years. (see Note 6). For AD tours over four years see Table 4.3., Rule 1. A period not to exceed the time to achieve maximum allowable weight/body fat measure standard. (see ~aragraph4.1.7. and Note 8.) The number years, months, and days that total a 6 of year SRcommitment from the date of eligibility. (Note 1.) The numberof years, months, and days that total a 6 year SR commitment from the date of eligibility. (Note 1.)

MGIB-Selected Reserve (SR) Kicker

Member maybe extended for the number of years, An individual whowill not be i months,and days reqnired to qualify for retirement. qualified for retirement upon reaching age 60, but will qualify (see paragraph 4.1.4.) (Waiverfor retention beyond before attaining age 62. age 60 must have been granted by ANG the time at of enlistment) Anindividual whois a technician Waiver must be submitted to ANG/DPFOM confor whois extending for the purpose sideration. (see paragraph 4.1.50 of qualifying for a technician annuity. [9. An airman whose ETS occurs while under investigation or awaiting trial for violation oftbe UCMJ State Military Code. or Involuntarily extend for a period sufficient to allow for conclusionof the trial or investigation. (AFI 36-3209, paragraph3.6. and this instruction, paragraph 4.5.1. and Note 3.)

10.

will be involuntarily extended. (see paraA ~cted by "Stop-loss" Provision Member (Title I0 USC 12305). graph 4.5.1. and Notes 3., 5., and 9.)

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At least six months past the effective date of reasAn airman under age 60 separating from the ANG assigned to signment. (see paragraph4.3. and 4.5.2.) and ARPC ~on-Affiliated Reserve Section (NARS)) for the purpose of transfer to the retired reserve. [12. A period that will allow sufficient time for a medical An airman whois hospitalized, temporarily physically disqualidetermination. (see paragraph 4.5.2. and Note 4) fied, or pending a medical/physical evaluation board (MEB or PEB).

NOTES: 1. Member will be required to complete an Air National Guard Service Commitment Agreement. may enlistment for a period of at least 6 months to coincide with the MSO. 2. Member extend ANG 3. No extensions maybe executed for a period of less than 6 months. 4. Documentation must be provided from the servicing Medical Treatment Facility (MTF)to the MPF stating the anticipated date of medical release. For a member ~vhose medical condition will extend beyond their 60th birthday, the extension request must be forwarded through the chain of commandto ANG/DPFOM approval and update in MILPDS. for

5. Complete the NGB include in RemarksSection in accordance with the appropriate Title 10 66, USC and ANGI 36-2002 as the authority for the extension. The following procedures will apply: 5.1. Ask the member sign form. 5.2. If the member refuses or is unavailable to sign the form, annotate it accordingly and have the commandersign the NGB 66. 5.3. Extensions should reflect the duration of the applicable 10 U.S.CStatute directing the order for Selective Mobilization, Presidential Reserve Call-up (PRC), Partial Mobilization, Full Mobilization or Total Mobilization. 6. Extensions will be for a ininimumperiod of six monthsand a maximum 4 years per extension. of 7. The total of all extensions will not exceed 4 years on the current enlistment contract. 8. Minimum extension period is 6 months and waiver must be submitted in writing to TAG. 9. Members affected by Stop-Loss shonld be released from an involuntary extension immediately uponthe lifting of the Stop-Loss Provision (Title 10 USC 12305).

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62 Table 4.3. Terms of Reenlistment

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Participating in Statutory Tour or A period that will coincide witb their Active Duty AGRProgram tour. An airman whois reenlisting within 30 days or less prior to ETS. A period requested by the memberand approved by the unit commander. effective date of reenlistThe mentwill occur the next day after current ETS. Example: ETSis 30 Jan 02, member reenlists on 11 Jan 02 for three years; their newDate of Enlistment (DOE)will be 31 Jan 02 and their ETSwill become 30 Jan 05. Reenlistment docamentswill not be forwarded to ARPC prior to the effective date of reenlistment. An airman whois reenlisting A period requested by the memberand approved by within 31 to 90 days prior to ETS. the unit commander. effective date will occur on The the date of the reenlistment. ~ote 1.) Exception: An airman drawing a bonusis ineligible to reenlist/ extend under this rule. Example: ETSis 30 Jan 02; member reenlists on 14 Dec02 for three years, their new Date of Enlistment (DOE)will be 14 Dec 02 and their ETSwill become 13 Dec 05.

NOTE: 1. Persons whoare participants in the ANG Incentive Programare ineligible to reentist until completion of the contract for whichthey enlisted with the incentive, nnless such reenlistment is to qualify for attendance at an in-residence training school or state educational benefits (not MGIB).

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63

Figure 4.1. Reenlistment/Extension Questionnaire In connectionxvith myreenlistment/extension in the (State/Territory) Air National Guard, I certify that the following is a true and correct statement of eligibility for enlistment in accordancewith current requirements of ANGI 36-2002, Attachment 2. 1. Haveyou beeninvolved, arrested, indicted, or convictedfor any violation of civil or military la~v, including nonjudical punishmentpursuant to Article 15 of the UCMJ minor traffic violations duror in~ your ctm'ent Term of Enlistment/Extension? Yes No (Initials) 2. Are you a conscientious objector? (A conscientious objector is defined as one whorefuses to serve in the Armed Forces or bear arms on the grounds ofmorat or religious principles.) Yes No (Initials) 3. Are you a sole survivor? Yes No (Initials)

4. If you are an immigrantalien whoenlisted on or after 1 June 1983, have you siuce that time acquired UScitizenship status? Yes No (Initials) 5. Are you currently enrolled in the advanced course of Air Force ROTC, ArmyROTC, Naval or ROTC, are you a scholarship student in these programs? or Yes No (Initials)

6. Haveyou engaged in any act or acts designed to destroy or weakenthe United States? Yes No (Initials) 7. Are you under investigation by military or civilian authorities? Yes No (Iuitials) No (Initials)

8. Are you under the influence of drugs or alcohol? Yes 9. Are you an alcoholic? Yes No (Initials)

I0. If you are an alcoholic, are you in a rehabilitation program? Yes No (Initials)

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11. Have you ever completed a drug and/or alcohol rehabilitation Yes No (Initials) No

program?

12. Do you have a history of mental illness? Yes

(Initials)

13. Are you currently on the Weight/Body Fat Management Program? Yes No _(Initials)

Signature of MembedDate

Signature of MPF Representative/Date NOTE: Giving false or misleading information which mayaffect your eligibility for reenlistment/ extension and mayresult in separation from the (State) Air National Guard on the basis of fraudulent/erroneous reenlistment/extension. Distribution: (1) UPRG (I) Member (1) Commander

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65 Chapter 5

ROUTING OF WAIVER REQUESTS/EXCEPTIONS

TO POLICY

5.1. Procedures for submitting a Waiver Request or an Exception to Policy (ETP). In an attempt avoid excessive delays in processing waivers or exceptions to current ANG policies, it is very important they are processed in the correct lnanner by the proper offices and that each request is forwardedthrough the appropriate command echelons as indicated below: (See Attachment 1, Terms) 5.1.1. An Enlistment/Reenlistment/Extension waiver request will be submitted in accordance with Figure 5.1. 5.1.2. A request for an Exception to ANG policy will be snbmitted in accordance with Figure 5.1. The approving authority for Exceptions to ANG policy is ANG/DPFOM. Exceptions to ANG policies will not be approved at a lower level. A disapproval maybe at any level. The Unit Commander and Director of Personnel must sign each request forwarded to ANG/DPFOM. 5.1.3. Eachrequest must be routed through command echelons to the Air Division in the Office of the Adjutant General for a decision, or a written recommendation approval or disapproval as required of by the appropriate Table(s) within this instruction. The Executive Support Staff Officer or Military Personnel Management Officer will ensure each request has been properly routed and contains a written indorsement prior to forwarding the waiver or exception to policy to ANG/DPFOMrequired. as Thefailure to complywith these instructions will result in a delay or the request being returned to the appropriate State without action. 5.1.4. All telephone inquires or questions concerning waivers or ETPswill be addressed to the State or Territory RRS, whoin turn maycall ANG/DPFOM further information or clarification. for 5.2. Offices of Primary Responsibility - OPRs: 5.2.1. Personnel Operations Branch: ANG/DPFOM 1411 Jefferson Davis Highway Arlington VA22202-3231 5.2.2. ANG Liaison Office, Federal Records Center (FRC): Federal Records Center DARP-PRR-L 9700 Page Blvd. Saint Louis MO63132-5200

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