RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-03778
		INDEX NUMBER: 112.00

XXXXXXXXXXXXXXX	COUNSEL:  NONE

XXX-XX-XXXX	HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 Jun 06

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be upgraded to allow him to join the Army.

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THE APPLICANT CONTENDS THAT:

Although he made some bad mistakes while on active duty, he was honorably discharged and was told that he would be able to reenlist.  However, the RE code he was issued requires a waiver.

Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 3 September 2002.  He was progressively promoted to the grade of airman first class.

On 15 July 2003, the commander notified the applicant of his intent to impose nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for violating Articles 128 and 107.  Specifically, for unlawfully choking his wife with his hands and making a false official statement between 22 May 2003 and 11 June 2003.  After consulting legal counsel, the applicant waived his right to a trial by court-martial and accepted the nonjudicial punishment.  After considering the applicant’s oral and written submissions, on 18 July 2003, the commander determined that he did commit one or more of the alleged offenses and imposed nonjudicial punishment consisting of reduction to the grade of airman, and 30 days of extra duty.  However, the 30 days of extra duty in excess of 15 days was suspended until 17 January 2004, at which time it would be remitted without further action, unless sooner vacated.  An Unfavorable Information File (UIF) was established and the Article 15 filed therein.

On 25 November 2003, the commander notified the applicant of his intent to impose nonjudicial punishment under Article 15 of the UCMJ for violating Articles 92 and 128.  Specifically, for being derelict in the performance of his duties by failing to refrain from drinking alcoholic beverages while under the age of 21 and assaulting his wife by pushing her with his hands on 11 November 2003.  The applicant did not consult legal counsel and waived his right to a trial by court-martial and accepted the nonjudicial punishment.  After considering the applicant’s written submission, on 5 December 2003, the commander determined that he did commit one or more of the alleged offenses and imposed the nonjudicial punishment.  The punishment consisted of reduction to the grade of airman basic.

In accordance with the Date of Separation (DOS) Rollback Program, the applicant was honorably discharged on 27 July 2004, under the provisions of AFI 36-3208 (Completion of Required Active Service).  He received an RE code of 4I (Serving on the Control Roster).  He completed 1 year, 10 months, and 25 days of active service, with 1 month and 10 days of prior inactive service.

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AIR FORCE EVALUATIONS:

AFPC/DPPRS recommends the application be denied and states, in part, that since the applicant was discharged under the DOS Rollback Program and was serving on the Control Roster, his separation code of JBK (completion of required service) and RE Code of 4I are correct.  The discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge was within the sound discretion of the discharge authority and the applicant has provided no facts warranting a change to his RE Code.

The AFPC/DPPRS evaluation, with attachment, is at Exhibit C.

AFPC/DPPAE recommends the applicant’s RE Code be changed to 2X (First-term, second-term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP)).  A member may only remain on the Control Roster for no more than six consecutive months.  Since he served the six consecutive months prior to his discharge, his RE Code of 4I should be changed.  Based on his receipt of two Article 15s, clearly reflecting his inability to conform to military standards, his RE Code should be changed to 2X, which will prevent him from reentry into the Air Force, but allow him to enter the Army.  If, however, his RE Code is changed to 3K (Secretarial Authority), he could not only join the Army but return to the Air Force as well.

The AFPC/DPPAE evaluation, with attachments, is at Exhibit D.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

Complete copies of the Air Force evaluations were forwarded to the applicant on 1 April 2005 for review and response within 30 days.  However, as of this date, this office has received no response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant corrective action.  In this respect, we note that a member may only remain on the Control Roster for no more than six consecutive months.  Since the applicant served the six consecutive months prior to his discharge, his RE Code of 4I (Serving on the Control Roster) is inaccurate and should be changed.  In view of this, and after careful consideration of all the facts and circumstances of the applicant’s case and noting his desire to enlist into the Army, we believe RE Code 2X (First-term, second-term, or career airman considered but not selected for reenlistment under the Selective Reenlistment Program (SRP)) is more appropriate.  Based on his overall record of service, we are not persuaded that further upgrade of his RE code is warranted.  Whether or not the applicant is successful in returning to military service will depend on the needs of the service and our recommendation in no way guarantees that he will be allowed to return to any branch of the service.  Therefore, we recommend his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that at the time of his discharge on 27 July 2004, his reenlistment eligibility (RE) code was RE-2X.

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The following members of the Board considered Docket Number BC-2004-03778 in Executive Session on 10 May 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Dec 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 Jan 05, w/atch.
    Exhibit D.  Letter, AFPC/DPPAE, dated 22 Mar 05, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 1 Apr 05.

AFBCMR BC-2004-03778

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to XXXXX, XXX-XXXXXX, be corrected to show that at the time of his discharge on 27 July 2004, his reenlistment eligibility (RE) code was RE-2X.