RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-02051
            INDEX CODE:  A61.00
      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry (RE) code of 4I (Serving on the Control Roster) be changed
to RE-1.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His RE code is no longer valid and has expired since his separation in
Aug 07.  He indicates he was separated for serving on a Control Roster
due to a civilian criminal conviction he received in Sep 06.  However,
individuals cannot remain on the Control  Roster  for  more  than  six
consecutive months according to the governing instruction.   As  such,
the Control Roster should have expired prior to his Expiration Term of
Service (ETS), making his current RE code incorrect.

His desire and dream would be to continue his military service in  the
Air National Guard or Air Force Reserve.   Recruiters  have  told  him
that a waiver of the code is not possible, and that the  only  way  to
fulfill this goal would be to have the RE code changed.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records indicate  he  enlisted  in  the
Regular Air Force on 10 Sep 97 as an airman basic (E-1) for  a  period
of four years.  He entered his most recent period of service  when  he
reenlisted  on  20  Nov  01  for  a  period  of  six  years.   He  was
progressively promoted to the grade of senior airman  (E-4)  effective
and with a date of rank of 10 Sep 00.

On 17 May 07, the applicant received a referral  Enlisted  Performance
Report (EPR), indicating he received  a  Letter  of  Reprimand  (LOR),
Unfavorable Information File (UIF) entry, and  entry  on  the  Control
Roster due to a civilian  court  conviction  for  theft  (writing  bad
checks).

On 1 Aug 07, the applicant was released from active duty based on  the
completion of his required active service and assigned an RE  code  of
4I.  He was furnished an Honorable  characterization  of  service  and
transferred to the Air Force Reserve.  He was credited with  9  years,
10 months, and 22 days of active service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial, indicating there is no evidence  in  the
applicant’s request or records of an error or injustice.  The RE  code
of 4I is correct since the applicant was on the Control Roster at  the
time of his separation.  A waiver of the RE code  of  4I  through  the
recruiting service would be more appropriate than granting the  relief
sought.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response, the applicant noted that he had  no  records  of  his
entry on the Control Roster but seems to recall that it was just after
his civilian criminal conviction in Sep 06.  Other than this incident,
his performance and conduct on and off duty were  in  compliance  with
and above Air Force standards.  His EPRs will show  him  in  excellent
standings as a valuable member of the military with a  bright  future.
He accepts responsibility for his  actions  and  has  learned  how  to
better himself in the areas needing attention.

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 an error  or  injustice  warranting  changes  to  the
applicant’s RE code.  We  took  notice  of  the  applicant's  complete
submission in judging the merits of the case; however, we  agree  with
the opinion and recommendation of the  Air  Force  office  of  primary
responsibility  and  adopt  their  rationale  as  the  basis  for  our
conclusion the applicant has not  been  the  victim  of  an  error  or
injustice.  Therefore, in the absence of evidence the RE  code  of  4I
was erroneously assigned or inaccurately reflected  the  circumstances
of his separation, we find no compelling basis to  recommend  granting
the relief sought  in  this  application.   Notwithstanding  this,  we
believe it should be pointed out to the applicant that his RE code  of
4I is one that, based on the needs of the respective military service,
can be waived by the enlistment authorities.

_________________________________________________________________

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-
2009-02051 in Executive Session on 28 Oct 09, under the provisions  of
AFI 36-2603:

            Mr. Gregory A. Parker, Panel Chair
            Mr. James L. Sommer, Member
            Ms. Shari Cohen, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 1 Jun 09.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSOA, dated 24 Jul 09.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Aug 09.
     Exhibit E.  Letter, Applicant, dated 16 Sep 09, w/atchs.




                                   GREGORY A. PARKER
                                   Panel Chair













                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC



Office Of The Assistant Secretary


AFBCMR
1535 Command Drive
EE Wing 3rd Floor
Andrews AFB, MD 20762-7002

Mr. XXXXXXX
4901 East Sunrise Drive #113
XXXXXXX, AZ  85718

Dear Mr. Smith

      Reference your application submitted under the provisions of AFI
36-2603 (Section 1552, 10 USC), AFBCMR Docket Number BC-2009-02051.

      After careful consideration of your application and military
records, the Board determined that the evidence you presented did not
demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.

      You have the right to submit newly discovered relevant evidence
for consideration by the Board.  In the absence of such additional
evidence, a further review of your application is not possible.

      BY DIRECTION OF THE PANEL CHAIR





            O. B. TAYLOR, JR.
            Chief Examiner
            Air Force Board for Correction
            of Military Records


Attachment:
Record of Board Proceedings











                   AIR FORCE BOARD FOR CORRECTION
                        OF MILITARY RECORDS

               CASE TRANSMITTAL / COORDINATION RECORD


IN THE MATTER OF:                                  DOCKET NO:

   XXXXXXX  BC-2009-02051

TMCD:  19 Apr 10

ROUTE IN TURN    INITIALS  DATE


1.  CHIEF EXAMINER     ________  ________
    (Coord/Signature)


2.  EXECUTIVE DIRECTOR ________  ________
    (Coordination)


3.  RETURN TO EXAMINER FOR E-MAIL/FAX


4.  MR. GREGORY A. PARKER    ________  ________
    PANEL CHAIR
    (Signature on Proceedings)


5.  AFBCMR (Processing)





                                   JOHN K. VALLARIO
                                   EXAMINER
                                   AIR FORCE BOARD FOR CORRECTION
                                   OF MILITARY RECORDS