RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2004-
03392
                                             INDEX  CODE:   100.06,
110.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  6 MAY 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 3K be changed to  a  more
favorable 1-series RE code.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His DD Form 214 was recently amended changing his RE code from a 4I
code to a 3K.  He was honorably discharged so there is no basis for
any code other than a favorable 1-series code.  He was  advised  by
AFPC  that  an  AF  Form  418,   Selective   Reenlistment   Program
Consideration, was missing from his file and that  was  the  reason
AFPC directed the 3K code.

In support of his appeal, the applicant  provided  a  copy  of  the
DPPAE memorandum directing administrative correction of his RE code
to 3K.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  8  May  96,  for  a
period of four years in the grade of  airman  basic.   His  highest
grade held was senior airman.

Applicant’s Enlisted Performance Report (EPR) profile follows:

     PERIOD ENDING            OVERALL PROMOTION EVALUATION

       7 Jan 98                              5
      20 Dec 98                              5

The Report on Individual Person, prepared on 21  Mar  00,  reflects
the member was on the Control Roster with an expiration date of Apr
00.  It also reflects an Unfavorable  Information  File-ID  of  “2”
(serving on the Control Roster).

On 7 May 00, the applicant was honorably released from active  duty
and transferred to the AFRes under the provisions of  AFI  36-3208,
with a separation code of MBK (Completion of Required Service), and
furnished an RE code of 4I (Serving  on  a  control  roster).   The
applicant was credited with 4 years of active military service.

On 18 Oct 04, HQ AFPC/DPPRSP administratively corrected applicant’s
RE code on his DD Form 214 from RE code 4I “Serving on the  Control
Roster” to 3K “Reserved for use by HQ AFPC or the Air  Force  Board
for  Correction  of  Military  Records  (AFBCMR)  when   no   other
reenlistment eligibility code applies or is appropriate.”

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends the application be denied.   A  review  of
the documents submitted by the applicant and his military personnel
record indicates  a  favorable  four  years  of  service  with  one
exception, his arrest by local civilian  authorities  for  domestic
violence, for which he was placed on the Control Roster.   With  no
indication  from  the  applicant’s  commander  on   his   selective
reenlistment consideration, they are unable to determine whether  a
favorable consideration would have been  approved.   The  applicant
was asked to provide additional  documentation  from  his  previous
commander, or to have his  previous  commander  contact  them.   To
date, they have not received any additional  documentation  or  had
any contact from  the  applicant’s  commander  to  support  a  more
favorable RE code.

A complete copy of the Air Force evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant stated, in part, that AFPC/DPPAE  incorrectly  stated  he
was placed on the control roster.  His initial request was sent  to
the Board because he felt his  DD  Form  214  reentry  code  of  4I
(Serving on the Control Roster) was in error.  He was  informed  by
AFPC that his reentry code was a clerical error, and  that  he  had
not been on the control roster, and that his reentry code would  be
administratively changed.  He received a follow-up written response
from AFPC/DPPAE, and then later he received a more detailed  letter
of explanation from  the  HQ  USAF  Separations  Branch.   He  then
received a corrected DD 214, which reflects a reenlistment code  of
3K.

When he realized his reentry code was going to be  changed  to  3K,
which requires a waiver to reenter the military, instead of  a  1J,
he contacted DPPAE who informed him that while there was no Control
Roster in his records, they could not change his reentry code to 1J
because his commander’s Selective  Reenlistment  Consideration  was
absent.

He would like to point out to the Board the Ruling Sheet  from  the
El Paso County Clerk of Court showing his case was  dismissed.   No
military  action  followed  his  civil  arrest.    There   was   no
disciplinary action of any kind.  This can be verified through  his
supervisor at the time.

His four years of service to the Air Force were  honorable  as  his
records reflect.   His  service  was  honorable  and  the  civilian
charges were dismissed.  He would like his RE code changed to 1J.

Applicant’s complete response, with attachments, is at Exhibit E.

___________________________________________________________________

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 error or injustice.  We took  note  of
the applicant’s complete submission in judging the  merits  of  the
case.  Contrary  to  applicant’s  contention  that  the  Air  Force
advisory incorrectly stated he was “…placed on the control roster,”
evidence of record reflects he was serving on  the  control  roster
with an expiration date of 1 April  2000.   He  was  released  from
active duty and transferred to the Air Force Reserve on 7 May 2000,
upon  the  expiration  of  his  enlistment,  and   was   issued   a
Reenlistment Eligibility (RE) code of 4I (serving  on  the  control
roster).   The  applicant  stated  he  was  arrested  by   civilian
authorities while he was on active duty and the case had  not  been
adjudicated prior to his  separation.   He  provided  documentation
reflecting that, in May 2002, the court accepted his completion  of
the SAFE Program in Alabama as completion of the domestic  violence
counseling, and  dismissed  his  case.   In  reviewing  applicant’s
initial appeal of his RE Code of 4I, HQ AFPC/DPPAE noted the  April
2000 expiration of the control roster action  and  the  absence  of
documentation  by  the  applicant’s  former  commander   indicating
applicant’s   reenlistment   eligibility   under   the    Selective
Reenlistment Program.  Based on this,  AFPC/DPPAE  administratively
corrected the applicant’s RE code to 3K.  RE-3K is a code that  can
be waived for  prior  service  enlistment  consideration,  provided
member is otherwise  qualified  under  an  existing  prior  service
program.  After thoroughly reviewing  the  documentation  that  has
been submitted  in  support  of  applicant’s  appeal,  we  are  not
persuaded that further upgrade of his reenlistment eligibility code
is warranted.

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  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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 Docket Number BC-2004-
03392 in Executive Session on 28 April 2005, under  the  provisions
of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Charlie E. Williams Jr., Member
      Mr. Gregory A. Parker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Oct 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 15 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Mar 05.
    Exhibit E.  Letter, Applicant, dated 4 Apr 05, w/atchs.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair