RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04754
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
His Reentry (RE) code of 4I (Serving on the Control Roster) be
changed to allow him to be able to reenter military service.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
At the time of his discharge his commander advised him to return
home and reenlist in the Air National Guard (ANG); however, he
was not able to join the ANG because of his RE code.
In support of his appeal, the applicant provides a personal
statement; copies of his DD Form 214, Certificate of Release or
Discharge from Active Duty, issued in conjunction with his
21 Jun 85 discharge, and various other documents associated with
his request.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 22 Oct 81, the applicant enlisted in the Regular Air Force in
the grade of Staff Sergeant (E-5/SSgt).
According to a letter from the applicant dated 29 Apr 85 to the
personnel office, he requested separation based on miscellaneous
reasons.
On 21 Jun 85, the applicant was discharged under the provisions
of AFR 39-10, with completion of required active service, and
issued an RE code of 4I. He was credited with 3 years and
8 months active duty service during this period.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial as the applicant did not provide
proof of an error or injustice.
The applicant contends the Air Force chose not to continue his
military service. However, the applicant applied and was
approved for separation under Voluntary Miscellaneous Reasons.
The applicant was not eligible to reenlist at the time of
separation, but his records reflect he chose to separate early
on 21 Jun 85 when his original Date of Separation (DOS) was
21 Oct 85. Control roster actions are not filed in an
applicants master personnel record and as such there is no data
in his records to confirm the validity of the 4I RE code.
However, per the applicant's request, he was not eligible for
reenlistment at the time of discharge which would support the RE
code 4I.
The complete DPSOA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant notes that the statement in the advisory opinion
under the discussion section, indicating that he chose and
applied for separation is untrue.
He was going through a divorce and bankruptcy when his commander
advised him that he was not going to reenlist him.
The applicants complete response 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. The
applicants contentions are noted; however, we are not persuaded
that he has been the victim of an error or injustice. While the
control roster action data is not available, based upon the
presumption of regularity in the conduct of governmental affairs
and without evidence to the contrary, we must assume that the RE
code issued was in accordance with the governing instruction.
Therefore, we agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt the
rationale expressed as the basis for our conclusion the
applicant has not been the victim of an error or injustice. 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 the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-2013-04754 in Executive Session on 7 Aug 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Oct 13, w/atchs.
Exhibit B. Pertinent Excerpts from the Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 16 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 31 Jan 14.
Exhibit E. Letter, Applicant, 14 Feb 14.
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