RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05688 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His Reentry (RE) code “4I” which denotes “Serving on Control Roster” be changed. ________________________________________________________________ APPLICANT CONTENDS THAT: In 2005, he was removed from the Control Roster (CR) and was reassigned on a Permanent Change of Station (PCS) assignment. A change to his RE code would allow him to reenlist in the Air National Guard (ANG). The Board should consider it in the interest of justice to consider his request as a reenlistment eligible RE code would allow him to uphold the American way of life in the ANG. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 17 Dec 02, the applicant entered active duty. According to an AF Form 366, Record of Proceedings of Vacation of Suspended Nonjudicial Punishment, dated 20 Jun 05, the applicant received an Article 15 for failure to go to his appointed place of duty. According to his AF Form 418, Selective Reenlistment Program Consideration, dated 7 Mar 07, he was not selected for reenlistment due to serving on the CR. On 18 Apr 07, he was honorably discharged from active duty with an RE code of “4I” and narrative reason for separation of “Completion of Required Active Service.” He served 4 years, 4 months and 2 days on active duty. _______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIM recommends denial. In Accordance With (IAW) AFI 36- 2907, Unfavorable Information File (UIF) Program, paragraph 2.1., the CR is a rehabilitative tool for commanders to use. Commanders use the CR to set up a 6-month observation period for individuals whose duty performance is substandard or who fail to meet or maintain Air Force standards of conduct, bearing and integrity on or off duty. DPSIM cannot speak to whether or not the commander’s actions were just or not and can only discuss if proper procedures were followed in the administration of the action. The applicant did not provide any documentation to determine if proper procedures were followed. There is no evidence a CR was given other than his RE code. The complete DPSIM evaluation is at Exhibit C. AFPC/DPSOA recommends denial of the applicant’s request for a reenlistment eligible RE code. At this point, 7 years later, it is unclear what the applicant did to be on the CR as CR paperwork is not kept in the personnel record. DPSOA agrees his 2005 CR expired as CR actions are only for 6 months and he would not have been able to PCS while serving on a CR. However, the applicant’s AF Form 418, which references him being on a CR was completed on 7 Mar 07 approximately 6 weeks before he was separated. Based on his separation date of 18 Apr 07 his commander had to consider him for reenlistment and select or non-select him before he separated. It appears he was placed on another CR around 4 to 6 months before his separation date and then non-selected for reenlistment. RE Code “2X” which denotes “1st term, 2nd term or career airman considered but not selected for reenlistment,” is required based on his non-selection for reenlistment. AFPC/DPSOY will provide the applicant with a corrected copy to his DD Form 214 with an RE code of “2X” unless otherwise directed by the Board. The complete DPSOA evaluation is at Exhibit D. _______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 25 Apr 14, copies of the Air Force evaluations were provided to the applicant for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response. _________________________________________________________________ FINDINGS AND CONCLUSIONS OF THE BOARD: After careful consideration of the evidence of record, we find the application untimely. The applicant did not file his request for a change of his RE code within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records. The applicant has not shown a sufficient reason for the delay in filing on a matter now dating back over 7 years, which has greatly complicated the ability to determine the merits of the application. Accordingly, aside from the administrative correction of his DD Form 214 to reflect RE code “2X” we cannot conclude it would be in the interest of justice to excuse applicant’s failure to file in a timely manner. ________________________________________________________________ DECISION OF THE BOARD: The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-05688 in Executive Session on 9 Sep 14 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Dec 13, w/atch. Exhibit B. Applicant’s Master Personnel Records Exhibit C. Letter, AFPC/DPSIM, dated 26 Feb 14. Exhibit D. Letter, AFPC/DPSOA, dated 28 Mar 14. Exhibit E. Letter, SAF/MRBR, dated 25 Apr 14.