RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00067 INDEX CODE: 100.03, 100.05 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of “2X” (Denied Reenlistment) be changed to one that will allow him to reenter the military. _________________________________________________________________ APPLICANT CONTENDS THAT: He served his country honorably for over eight years and would like the opportunity to enlist in the Army Reserves. He was allowed to separate in 2007 under the FY07 Rollback Program due to having received an Article 15 which gave him an RE Code of “4H” (Serving suspended punishment pursuant to Article 15). Had he been allowed to complete his term of enlistment through 2012 his RE Code of “4H” would have expired. While serving in the Air Force he had all but one “5” Enlisted Performance Reports (EPRs). He was selected as one of 50 Air Force personnel to complete the Army Interrogation School and later deployed to Iraq for a year using his newly acquired skill. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted into the Regular Air Force on 3 Mar 99 and was progressively promoted to the grade of senior airman (E-4), having assumed that grade effective and with a date of rank of 17 Jan 07. The applicant was involuntarily separated under the FY07 Rollback Program. He received $10,314.00 in separation pay and received a “2X” RE Code. According to his AF IMT 475, Education and Training Report, dated 15 Dec 05, he failed to return to training for the Enhanced Analysis Interrogator Training Course; was in an unauthorized leave status; and did not deploy due to not meeting deployment standards. The applicant received an Article 15 on 17 Jan 07 for being derelict in the performance of his duties when he failed to limit the use of his government travel card to official business and for committing adultery. The applicant received an honorable discharge on 1 Aug 07 after serving 8 years, 4 months, and 29 days on active duty. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOS recommends denial. DPSOS states the applicant was non-selected for reenlistment by his commander on 15 Mar 07 which established an RE Code of “2X”. The Rollback Program utilizes the Separation Program Designation (SPD) of “LBK”, more than 6 years of active service, with a corresponding narrative reason for separation of “Completion of Required Active Service” since the member is denied further continuation or reenlistment and as in the applicant’s case; the DOS/ETS may be involuntary accelerated. Members holding the “2X”, along with other RE Codes, were subject to discharge under the rollback program. The DPSOS complete evaluation, with attachment, is at Exhibit C. AFPC/DPSOA recommends denial. DPSOA states the applicant could not have volunteered to separate under the FY07 Rollback Program because the program is involuntary. The applicant received separation pay based on being in an involuntary separation status. The applicant states he was one of the first “50” members to volunteer to complete the Army Interrogation School and deploy to Iraq to use the skill learned; however, he did not complete the program and was in an unauthorized leave status, and he did not deploy. He received an RE Code of “2X” as a result of his commander’s decision under the SRP not his Article 15. The DPSOA complete evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 9 Jul 10 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. The applicant’s contentions are duly noted; however, we are not persuaded that he has been the victim of an error or injustice. At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and circumstances of their separation. After a thorough review of the evidence of record, we find that given the circumstances surrounding the applicant’s separation, the RE code issued was in accordance with the appropriate directives. Therefore, we find no basis upon which to recommend favorable action on this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-00067 in Executive Session on 9 Sep 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Dec 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOS, dated 24 May 10. Exhibit D. Letter, AFPC/DPSOA, dated 21 Jun 10 Exhibit E. Letter, SAF/MRBR, dated 9 Jul 10. Panel Chair