RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01009
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 4I (Serving on the Control Roster) be
changed to 1M (Eligible to reenlist, secondterm or career airmen
not yet considered under the SRP) or another code that would
allow him to reenlist into military service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was on the control roster because he was having an
unprofessional relationship with an officer. He made a bad
decision, and it was the worst thing to happen to his career.
However, it was the best thing to happen to his life. He married
the officer and they have a child. He loves his family, God and
his country. He has the first two covered and the best way he
knows how to serve his country is in the military. Since leaving
the military, he has not been in any trouble. He believes his
actions after leaving the military proves he deserves a second
chance.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty, and DD Form 370, Request for Reference.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 24 Sep 02, the applicant contracted his enlistment in the
Regular Air Force. He was promoted to the grade of airman first
class with date of rank of 25 Mar 06.
On 3 Nov 03, he received an Article 15 for underage drinking and
smelling of alchol while on duty.
On 24 May 04, he received a referral performance report which
noted he violated base restriction, showed a lack of ability to
make sound decisions and cited the Article 15.
On 7 Sep 04, he was court-martialed and found guilty of consuming
alcohol while under the age of 21.
On 25 Feb 05, he received a referral performance report which
noted he produced satisfactory work when tasked and closely
supervisd and cited the court-martial.
On 11 Dec 06, he received a referral performance report which
noted he received a Letter of Reprimand for an unprofessional
relationship with an officer which resulted in an Unfavorable
Informaton File, nonrecommendaion for promotion and placement on
the Control Roster.
Applicants EPR profile is listed below:
PERIOD ENDING OVERALL EVALUATION
*1 Dec 06 2
19 Feb 06 5
21 Nov 05 5
23 Aug 05 5
25 May 05 4
*24 Feb 05 2
*24 May 04 2
*Referral Reports
He was honorably discharged on 15 Mar 07 and assigned an RE code
of 4I. He was credited with 5 years, 4 months and 22 days of
active service. He had 48 days of lost time.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states the applicant
received the appropriate RE code for the circumstances of his
separaton. DPSOA notes the only code in the 1 series a service
member can be separated with is 1J (Eligible ro reenist, but
elects separation). The applicant was not eligible to receive an
RE code of 1J because he was not selected for reenlistment under
the Selective Reenlistment Program. The next RE code in the
sequence the applicant could have received is 4F (Five or more
days lost days during current enlistment).
The complete AFPC/DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy the Air Force evaluation was forwarded to the applicant on
28 May 10, for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing
law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or an injustice. We took
notice of the applicants 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 its rationale as the basis for our decision that the
applicant has failed to sustain his burden of proof of the
existence of an error or injustice. After a thorough of the
evidence of record, we believe the RE code he received is
appropriate based on his being on the Control Roster at the time
of his separation and is in accordance with the governing
instruction. Therefore, in the absence of 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-2010-01009 in Executive Session on 23 Sep 10, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-01009 was considered:
Exhibit A. DD Form 149, dated 12 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 7 May 10.
Exhibit D. Letter, SAF/MRBR, dated 28 May 10.
Panel Chair
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