RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00461 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 reenlist into military service. _________________________________________________________________ APPLICANT CONTENDS THAT: Based on the RE code he received, he is not eligible to serve in the armed forces. In support of his request, the applicant provides copies of his DD Forms 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 17 Sep 01, the applicant contracted his enlistment in the Regular Air Force. He was honorably discharged on 1 Jul 04. He was credited with 2 years, 9 months, and 15 days of active service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial of the applicant’s request to change his RE code to a code that would allow reentry into military service. The applicant was furnished a referral enlisted performance report (EPR) for the period ending 15 May 04 which reflects he received a Letter of Reprimand (LOR) for failing to report for duty. He was placed on the Control Roster and an Unfavorable Information File (UIF) was established. He subsequently received another LOR and Control Roster/UIF action for a technical data violation. On 17 May 04, the applicant’s supervisor initiated an AF Form 418, Selective Reenlistment Program Consideration, and nonrecommended the applicant for continued service. The applicant’s commander concurred and nonselected the applicant for continued service on 19 May 04. The applicant acknowledged receipt of the action and elected to submit an appeal. However, no appeal decision was noted on the AF Form 418; therefore, it must be presumed that he failed to submit an appeal within the prescribed time frame. It should be noted the applicant should have been issued an RE code of 2X (First term, second term or career Airman considered but not selected under the SRP). While the 4I RE code is technically incorrect, the applicant has provided no evidence to support his request for a code that would allow him to reenlist. Accordingly, if the Board is not compelled to grant the relief he seeks, his record will be administratively corrected to reflect the 2X RE code. The complete AFPC/DPSOA evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy the Air Force evaluation was forwarded to the applicant on 25 Mar 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). _________________________________________________________________ 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. 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 decision the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Although the RE code the applicant received at separation was technically incorrect, he has not provided any evidence to support a change of the RE code to allow him reentry into military service. We further note his record will be administratively corrected to reflect the 2X RE code which accurately reflects the circumstances of his separation. Therefore, 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-2011-00461 in Executive Session on 27 Sep 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 Jan 11, w/atchs. Exhibit B. Applicant's Master Military Records. Exhibit C. Letter, AFPC/DPSOA, dated 14 Feb 11, w/atchs. Exhibit D. Letters SAF/MRBR, dated 25 Mar 11. Panel Chair