RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01009 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His reentry (RE) code of 4I (Serving on the Control Roster) be changed to 1M (Eligible to reenlist, second–term or career airmen not yet considered under the SRP) or another code that would allow him to reenlist into military service. _________________________________________________________________ APPLICANT CONTENDS THAT: He was on the control roster because he was having an unprofessional relationship with an officer. He made a bad decision, and it was the worst thing to happen to his career. However, it was the best thing to happen to his life. He married the officer and they have a child. He loves his family, God and his country. He has the first two covered and the best way he knows how to serve his country is in the military. Since leaving the military, he has not been in any trouble. He believes his actions after leaving the military proves he deserves a second chance. In support of his request, the applicant provides a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty, and DD Form 370, Request for Reference. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 24 Sep 02, the applicant contracted his enlistment in the Regular Air Force. He was promoted to the grade of airman first class with date of rank of 25 Mar 06. On 3 Nov 03, he received an Article 15 for underage drinking and smelling of alchol while on duty. On 24 May 04, he received a referral performance report which noted he violated base restriction, showed a lack of ability to make sound decisions and cited the Article 15. On 7 Sep 04, he was court-martialed and found guilty of consuming alcohol while under the age of 21. On 25 Feb 05, he received a referral performance report which noted he produced satisfactory work when tasked and closely supervisd and cited the court-martial. On 11 Dec 06, he received a referral performance report which noted he received a Letter of Reprimand for an unprofessional relationship with an officer which resulted in an Unfavorable Informaton File, nonrecommendaion for promotion and placement on the Control Roster. Applicant’s EPR profile is listed below: PERIOD ENDING OVERALL EVALUATION *1 Dec 06 2 19 Feb 06 5 21 Nov 05 5 23 Aug 05 5 25 May 05 4 *24 Feb 05 2 *24 May 04 2 *Referral Reports He was honorably discharged on 15 Mar 07 and assigned an RE code of 4I. He was credited with 5 years, 4 months and 22 days of active service. He had 48 days of lost time. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. DPSOA states the applicant received the appropriate RE code for the circumstances of his separaton. DPSOA notes the only code in the 1 series a service member can be separated with is 1J (Eligible ro reenist, but elects separation). The applicant was not eligible to receive an RE code of 1J because he was not selected for reenlistment under the Selective Reenlistment Program. The next RE code in the sequence the applicant could have received is 4F (Five or more days lost days during current enlistment). 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 28 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. 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 and adopt its rationale as the basis for our decision that the applicant has failed to sustain his burden of proof of the existence of an error or injustice. After a thorough of the evidence of record, we believe the RE code he received is appropriate based on his being on the Control Roster at the time of his separation and is in accordance with the governing instruction. 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 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-2010-01009 in Executive Session on 23 Sep 10, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-01009 was considered: Exhibit A. DD Form 149, dated 12 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 7 May 10. Exhibit D. Letter, SAF/MRBR, dated 28 May 10.