RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00558 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 4I (Serving on the Control Roster) be changed to allow him to enlist in the Army Reserve. _________________________________________________________________ APPLICANT CONTENDS THAT: He made a mistake while he was in the Air Force. He has reevaluated his life and changed the way he approaches responsibility and use of computer equipment. The applicant's complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 18 Jul 00, the applicant contracted his enlistment in the Regular Air Force as services journeyman. On 13 Apr 04, the applicant received an Article 15 for wrongfully storing and displaying sexually explicit material on a government computer. His punishment consisted of reduction in rank, forfeiture of $668.00 of pay per month for two months suspended and 45 days of extra duty suspended. He was honorably discharged on 17 Jul 04. He was credited with four years of active service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA states that Control Roster actions are not filed in the service member’s personnel records, or the Military Personnel Data System (MilPDS). The MilPDS reflects the applicant was serving an Article 15 until the day of discharge. Since his Article 15 expired the same day of his discharge, his correct RE code would be 4E (Grade is airman first class or below and airman completed 31 or more months (55 months for a 6-year enlistees), if a first-term airman; or, grade is airman first class or below and the airman is a second-term or career airman). Therefore his RE code will be administratively corrected to 4E unless the Board directs otherwise. DPSOA further stated although the applicant’s RE code will be updated, this update will not make the applicant eligible for reenlistment. 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 14 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. The evidence of record indicates the applicant was discharged after completing four years of service with an RE code of 4I. There was no evidence submitted or located in the applicant’s records to reflect he was serving a Control Roster action, however, the records do reflect he was serving an Article 15 action until the day of his discharge. We have been advised the RE code of 4I is erroneous and his records will be corrected administratively by the Air Force office of primary responsibility to reflect the appropriate RE code of 4E. As this code accurately reflects the circumstances of his discharge, we agree with the administrative correction. However, after a thorough review of the evidence presented, we are not persuaded that further changes to this RE code to allow his reentry into military service is warranted. In view of the above, and in the absence of evidence to the contrary, we conclude that no basis exist 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-2010-00558 in Executive Session on 13 Jul 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Feb 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 19 Apr 10. Exhibit D. Letter, SAF/MRBR, dated 14 May 10.