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AF | BCMR | CY2008 | BC-2007-02430
Original file (BC-2007-02430.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02430
            INDEX CODE:  100.00

      XXXXXXX IV COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 4I, “Serving  on  Control
Roster,” be changed to 1P or 1M.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code of 4I is unjust due to the reasons why he  was  on  the
Control Roster.  The reason  he  was  on  the  Control  Roster  was
because he sent an inappropriate email to a friend on a  government
computer.  He states, “After I pressed send I new that I should not
have sent the e-mail, but by that time it was too late.”  He  knows
that he should not have sent the e-mail;  however,  the  punishment
does not fit the crime; this was his first  offense.   He  has  not
done anything like that since, and will not do it again.  This  was
during the time of the first round of the Air  Force  Force-Shaping
and the Control Roster made him eligible to be discharged.

He would like the RE code changed so he can have an opportunity  to
continue his service to his country in the Air  National  Guard  or
Air Force Reserve.

In support of  his  appeal,  applicant  submitted  a  copy  of  his
DD Form 214, Certificate of Release or Discharge from Active  Duty,
issued on 2 Sep 04.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  8  Sep  94  for  a
period of four years in the grade of airman first class  (A1C/E-3).
He reenlisted on 26 Dec 97 for a period of  six  years.   Applicant
was progressively promoted to the grade of staff sergeant  with  an
effective date and date of rank (DOR) of 1 Nov 00.

A resume of applicant’s enlisted performance reports (EPR)  profile
follows:

            PERIOD CLOSING              OVERALL EVALUATION


           02 Mar 00                                    4
                 02 Mar 01                                    3
                 02 Mar 02                                    3
                 02 Mar 03                                    4
                 02 Mar 04                                    4

On  2  Sep  04,  applicant  was  honorably  discharged  under   the
provisions of AFI 36-3208 and issued an RE  code  of  4I.   He  was
credited with 9 years, 11  months,  and  25  days  of  active  duty
service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSOA reviewed the application and recommended denial.  The
applicant acknowledges he was on the Control Roster for misconduct;
however, a review of his records failed to determine  the  date  he
was placed on the Control Roster.  Individuals are  placed  on  the
Control Roster for a period of six months.

RE codes 1P  or  1M  are  not  valid  codes  for  separation.   The
applicant failed to prove or provide information  the  RE  code  is
incorrect, and therefore, his records should be considered  correct
as written.  However, if the applicant has  evidence  to  show  the
effective date or the expiration date of the Control Roster action,
the Board may consider changing the RE code.

HQ AFPC/DPSOA’s complete evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant notes that the Control Roster would have expired  by  the
time he was discharged.  He was placed on  the  Control  Roster  in
Mar 04, about the start of the FY04 Force Shaping Rollback Program.
 Under the Force-Shaping Rollback Program, the Control Roster  made
him eligible to have his date of separation (DOS) pushed back.   He
then had 120 days before his DOS, in which time the Control  Roster
expired.  He  provides  a  copy  of  his  DOS  Rollback  Separation
Notification letter; which was written after his Control Roster and
his DOS was after the Control Roster should have expired.

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.   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 the  circumstances
of their separation.  Applicant’s RE code of 4I accurately reflects
that  he  was  serving  on  the  Control  Roster  and   given   the
circumstances surrounding his separation, we believe  the  RE  code
issued was in accordance with the  governing  instruction.   Should
the applicant  be  able  to  present  evidence  substantiating  his
removal from the Control Roster prior to his separation,  we  would
be willing  to  reconsider  his  application.   Therefore,  in  the
absence of persuasive evidence to the contrary, we find no basis to
recommend granting the relief sought in 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-2007-02430 in Executive Session on 13 December 2007,  under  the
provisions of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jul 07, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOA, dated 4 Sep 07.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.
    Exhibit E.  Letter, Applicant, undated, w/atchs.


                                   LAURENCE M. GRONER
                                   Panel Chair

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