RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05688
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His Reentry (RE) code 4I which denotes Serving on Control
Roster be changed.
________________________________________________________________
APPLICANT CONTENDS THAT:
In 2005, he was removed from the Control Roster (CR) and was
reassigned on a Permanent Change of Station (PCS) assignment.
A change to his RE code would allow him to reenlist in the Air
National Guard (ANG).
The Board should consider it in the interest of justice to
consider his request as a reenlistment eligible RE code would
allow him to uphold the American way of life in the ANG.
In support of his request, the applicant provides a copy of his
DD Form 214, Certificate of Release or Discharge from Active
Duty.
The applicants complete submission, with attachment, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 17 Dec 02, the applicant entered active duty.
According to an AF Form 366, Record of Proceedings of Vacation
of Suspended Nonjudicial Punishment, dated 20 Jun 05, the
applicant received an Article 15 for failure to go to his
appointed place of duty.
According to his AF Form 418, Selective Reenlistment Program
Consideration, dated 7 Mar 07, he was not selected for
reenlistment due to serving on the CR.
On 18 Apr 07, he was honorably discharged from active duty with
an RE code of 4I and narrative reason for separation of
Completion of Required Active Service.
He served 4 years, 4 months and 2 days on active duty.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial. In Accordance With (IAW) AFI 36-
2907, Unfavorable Information File (UIF) Program, paragraph
2.1., the CR is a rehabilitative tool for commanders to use.
Commanders use the CR to set up a 6-month observation period for
individuals whose duty performance is substandard or who fail to
meet or maintain Air Force standards of conduct, bearing and
integrity on or off duty. DPSIM cannot speak to whether or not
the commanders actions were just or not and can only discuss if
proper procedures were followed in the administration of the
action. The applicant did not provide any documentation to
determine if proper procedures were followed. There is no
evidence a CR was given other than his RE code.
The complete DPSIM evaluation is at Exhibit C.
AFPC/DPSOA recommends denial of the applicants request for a
reenlistment eligible RE code. At this point, 7 years later, it
is unclear what the applicant did to be on the CR as CR
paperwork is not kept in the personnel record. DPSOA agrees his
2005 CR expired as CR actions are only for 6 months and he would
not have been able to PCS while serving on a CR. However, the
applicants AF Form 418, which references him being on a CR was
completed on 7 Mar 07 approximately 6 weeks before he was
separated. Based on his separation date of 18 Apr 07 his
commander had to consider him for reenlistment and select or
non-select him before he separated. It appears he was placed on
another CR around 4 to 6 months before his separation date and
then non-selected for reenlistment. RE Code 2X which denotes
1st term, 2nd term or career airman considered but not selected
for reenlistment, is required based on his non-selection for
reenlistment. AFPC/DPSOY will provide the applicant with a
corrected copy to his DD Form 214 with an RE code of 2X unless
otherwise directed by the Board.
The complete DPSOA evaluation is at Exhibit D.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 Apr 14, copies of the Air Force evaluations were provided
to the applicant for review and comment within 30 days (Exhibit
E). As of this date, this office has not received a response.
_________________________________________________________________
FINDINGS AND CONCLUSIONS OF THE BOARD:
After careful consideration of the evidence of record, we find
the application untimely. The applicant did not file his
request for a change of his RE code within three years after the
alleged error or injustice was discovered as required by Title
10, United States Code, Section 1552 and Air Force Instruction
36-2603, Air Force Board for Correction of Military Records.
The applicant has not shown a sufficient reason for the delay in
filing on a matter now dating back over 7 years, which has
greatly complicated the ability to determine the merits of the
application. Accordingly, aside from the administrative
correction of his DD Form 214 to reflect RE code 2X we cannot
conclude it would be in the interest of justice to excuse
applicants failure to file in a timely manner.
________________________________________________________________
DECISION OF THE BOARD:
The application was not timely filed and it would not be in the
interest of justice to waive the untimeliness. It is the
decision of the Board, therefore, to reject the application as
untimely
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-05688 in Executive Session on 9 Sep 14 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Dec 13, w/atch.
Exhibit B. Applicants Master Personnel Records
Exhibit C. Letter, AFPC/DPSIM, dated 26 Feb 14.
Exhibit D. Letter, AFPC/DPSOA, dated 28 Mar 14.
Exhibit E. Letter, SAF/MRBR, dated 25 Apr 14.
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