RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02430
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reenlistment eligibility (RE) code of 4I, “Serving on Control Roster,” be changed to 1P or 1M.

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APPLICANT CONTENDS THAT:

His RE code of 4I is unjust due to the reasons why he was on the Control Roster.  The reason he was on the Control Roster was because he sent an inappropriate email to a friend on a government computer.  He states, “After I pressed send I new that I should not have sent the e-mail, but by that time it was too late.”  He knows that he should not have sent the e-mail; however, the punishment does not fit the crime; this was his first offense.  He has not done anything like that since, and will not do it again.  This was during the time of the first round of the Air Force Force-Shaping and the Control Roster made him eligible to be discharged.

He would like the RE code changed so he can have an opportunity to continue his service to his country in the Air National Guard or Air Force Reserve.

In support of his appeal, applicant submitted a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued on 2 Sep 04.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 8 Sep 94 for a period of four years in the grade of airman first class (A1C/E-3).  He reenlisted on 26 Dec 97 for a period of six years.  Applicant was progressively promoted to the grade of staff sergeant with an effective date and date of rank (DOR) of 1 Nov 00.

A resume of applicant’s enlisted performance reports (EPR) profile follows:

	      PERIOD CLOSING			OVERALL EVALUATION

02 Mar 00							4
			02 Mar 01							3
			02 Mar 02							3
			02 Mar 03							4
			02 Mar 04							4

On 2 Sep 04, applicant was honorably discharged under the provisions of AFI 36-3208 and issued an RE code of 4I.  He was credited with 9 years, 11 months, and 25 days of active duty service.

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AIR FORCE EVALUATION:

HQ AFPC/DPSOA reviewed the application and recommended denial.  The applicant acknowledges he was on the Control Roster for misconduct; however, a review of his records failed to determine the date he was placed on the Control Roster.  Individuals are placed on the Control Roster for a period of six months.

RE codes 1P or 1M are not valid codes for separation.  The applicant failed to prove or provide information the RE code is incorrect, and therefore, his records should be considered correct as written.  However, if the applicant has evidence to show the effective date or the expiration date of the Control Roster action, the Board may consider changing the RE code.

HQ AFPC/DPSOA’s complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant notes that the Control Roster would have expired by the time he was discharged.  He was placed on the Control Roster in Mar 04, about the start of the FY04 Force Shaping Rollback Program.  Under the Force-Shaping Rollback Program, the Control Roster made him eligible to have his date of separation (DOS) pushed back.  He then had 120 days before his DOS, in which time the Control Roster expired.  He provides a copy of his DOS Rollback Separation Notification letter; which was written after his Control Roster and his DOS was after the Control Roster should have expired.

Applicant’s complete response, with attachments, is at Exhibit E.

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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.  Applicant’s contentions are duly noted; however, we are not persuaded that he has been the victim of an error or injustice.  At the time members are separated from the Air Force, they are furnished an RE code predicated upon the quality of their service and the circumstances of their separation.  Applicant’s RE code of 4I accurately reflects that he was serving on the Control Roster and given the circumstances surrounding his separation, we believe the RE code issued was in accordance with the governing instruction.  Should the applicant be able to present evidence substantiating his removal from the Control Roster prior to his separation, we would be willing to reconsider his application.  Therefore, in the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02430 in Executive Session on 13 December 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 25 Jul 07, w/atch. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSOA, dated 4 Sep 07.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Oct 07.
    Exhibit E.  Letter, Applicant, undated, w/atchs.