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AF | BCMR | CY2014 | BC 2014 02151
Original file (BC 2014 02151.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02151

	 	COUNSEL:  NONE

		HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

His reentry (RE) code of 4I (Serving on Control Roster) be changed to allow entry into the Air National Guard (ANG).  


APPLICANT CONTENDS THAT:

He is not sure why the RE code of 4I is annotated on his DD Form 214, Certificate of Release or Discharge From Active Duty, and it is preventing him from joining the ANG.  

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 4 February 1998.  

On 5 November 2007, the applicant received a Referral Enlisted Performance Report (EPR) for a rating of unacceptable conduct on/off duty and comments related to receiving an Article 15 for traffic violations and failure to report for court.  

On 31 January 2008, the applicant received non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ).  The reason for the action was his failure to obey a lawful order to refrain from operating a motor vehicle within the confines of Seymour Johnson Air Force Base, North Carolina.  His commander imposed punishment consisting of reduction to the grade of senior airman (suspended through 30 July 2008), forfeiture of $495.00 pay, 14 days extra duty, and a Reprimand.  

On 20 June 2008, the applicant was furnished an honorable discharge, with a narrative reason for separation of “Completion of Required Active Service,” along with a separation program designator (SPD) code of KBK (Normal expiration of Service) and RE code of 4I.  He was credited with 10 years, 4 months, and 17 days of active service.  

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.  


AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial.  While the applicant contends he does not know why he was issued an RE code of 4I, a personnel data RIP retrieved on 12 June 2014 indicates he was on the control roster at the time of his separation.  Furthermore, while control roster paperwork is not filed in a member’s personnel records and the applicant’s paperwork is not available for review at this time, he has not provided proof of an error or injustice in reference to his issuance of the RE code 4I.  

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


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 10 November 2014 for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).


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 injustice.  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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.


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-2014-02151 in Executive Session on 3 February 2015, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 23 May 2014.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSOA, dated 12 June 2014.  
	Exhibit D.  Letter, SAF/MRBR, dated 10 November 2014.

						


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