RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04754 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: His Reentry (RE) code of 4I (Serving on the Control Roster) be changed to allow him to be able to reenter military service. ________________________________________________________________ THE APPLICANT CONTENDS THAT: At the time of his discharge his commander advised him to return home and reenlist in the Air National Guard (ANG); however, he was not able to join the ANG because of his RE code. In support of his appeal, the applicant provides a personal statement; copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, issued in conjunction with his 21 Jun 85 discharge, and various other documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 22 Oct 81, the applicant enlisted in the Regular Air Force in the grade of Staff Sergeant (E-5/SSgt). According to a letter from the applicant dated 29 Apr 85 to the personnel office, he requested separation based on miscellaneous reasons. On 21 Jun 85, the applicant was discharged under the provisions of AFR 39-10, with completion of required active service, and issued an RE code of 4I. He was credited with 3 years and 8 months active duty service during this period. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOA recommends denial as the applicant did not provide proof of an error or injustice. The applicant contends the Air Force chose not to continue his military service. However, the applicant applied and was approved for separation under Voluntary Miscellaneous Reasons. The applicant was not eligible to reenlist at the time of separation, but his records reflect he chose to separate early on 21 Jun 85 when his original Date of Separation (DOS) was 21 Oct 85. Control roster actions are not filed in an applicant’s master personnel record and as such there is no data in his records to confirm the validity of the 4I RE code. However, per the applicant's request, he was not eligible for reenlistment at the time of discharge which would support the RE code 4I. The complete DPSOA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant notes that the statement in the advisory opinion under the discussion section, indicating that he chose and applied for separation is untrue. He was going through a divorce and bankruptcy when his commander advised him that he was not going to reenlist him. The applicant’s complete response is at Exhibit E. ________________________________________________________________ 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. The applicant’s contentions are noted; however, we are not persuaded that he has been the victim of an error or injustice. While the control roster action data is not available, based upon the presumption of regularity in the conduct of governmental affairs and without evidence to the contrary, we must assume that the RE code issued was in accordance with the governing instruction. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt the rationale expressed as the basis for our conclusion the applicant has not been the victim of an error or injustice. 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-2013-04754 in Executive Session on 7 Aug 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Oct 13, w/atchs. Exhibit B. Pertinent Excerpts from the Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 16 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 31 Jan 14. Exhibit E. Letter, Applicant, 14 Feb 14.