RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00382 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 Air National Guard (ANG). _________________________________________________________________ APPLICANT CONTENDS THAT: He knows of several staff sergeants who had the same offense on their record and they were allowed to reenlist. He believes his RE code was given because of the military downsizing during the Clinton administration. 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 215, Correction to DD Fm 214, Certificate of Release or Discharge from Active Duty. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 14 Dec 87, the applicant contracted his enlistment in the Regular Air Force. On 9 Apr 93, the applicant’s supervisor initiated an AF Form 418, Selective Reenlistment/Noncommissioned Officer Status Consideration, and nonrecommended him for continued service. His supervisor noted the applicant’s marginal duty performance along with his not maintaining acceptable personal responsibility as reflected in counseling sessions, Letters of Reprimand, and an Article 15. The applicant appealed his nonselection for continued service and, on 7 Apr 93, his appeal was denied. On 10 May 93, the applicant acknowledged the denial of his appeal. He was honorably discharged on 13 Dec 93. He was credited with 6 years of active service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOA recommends denial. The governing Air Force Instruction reflects commanders have selective reenlist selection or nonselection authority. The Selective Reenlistment Program (SRP) considers the service member’s Enlisted Performance Report ratings, Unfavorable Information from any substantiated source, the service member’s willingness to comply with Air Force standards, and or the service member’s ability or lack thereof to meet required training and duty performance. At the time of the applicant’s discharge he received an erroneous RE code of 4I. Since the applicant was nonselected for reenlistment by his commander, he should have received the RE code 2X (First term, second term or career Airman considered but not selected under the SRP). Based on the RE code 2X, the applicant has to separate and was not eligible to remain in the Air Force. 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 C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy the Air Force evaluation was forwarded to the applicant on 20 May 11, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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 applicant was awarded an incorrect RE code at separation, we note this RE code will be administratively corrected to “2X.” We concur with this administrative correction and do not find the evidence provided is sufficient to support a change of the RE code that would allow him reentry into military service. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting The requested relief. _________________________________________________________________ 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-2011-00382 in Executive Session on 6 Oct 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 31 Dec 10, w/atchs. Exhibit B. Applicant's Master Military Records. Exhibit C. Letter, AFPC/DPSOA, dated 10 May 11. Exhibit D. Letters SAF/MRBR, dated 20 May 11. Panel Chair