RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01079
		INDEX CODE:  110.02

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed to 1A (Ineligible to reenlist, but condition waived) rather than the code of 4H (Serving suspended punishment pursuant to Article 15, UCMJ).

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APPLICANT CONTENDS THAT:

He believes his receipt of the RE code of 4H is unjust.  He believes there is no reason he should not be allowed to reenlist into another service component.  He wants to provide for his family and serve his country in the best way possible.

In support of his appeal, the applicant has provided copies of his DD Form 214, Certificate of Release or Discharge from Active Duty.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 December 2005.  He was progressively promoted to the grade of Airman.  On 23 October 2006 he received an Article 15 for drinking an alcoholic beverage and being under the age of 21.  The punishment imposed on him was forfeiture of $500.00 pay per month for two months suspended until 12 April 2007, after which time the punishment would be remitted without further action unless sooner vacated.  The Air Force had implemented the FY07 Enlisted Force Shaping Program that included the Date of Separation (DOS) Rollback Program, effective 30 October 2006.  Consequently, airmen with less than 14 years of service and an established RE code of 4H, had their DOS accelerated.  As he had received an Article 15, he was separated under the DOS Rollback Program.  He was honorably discharged on 15 February 2007 after having served for 1 year, 1 month, and 19 days.

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states that based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  The discharge action was within the discretionary right of the discharge authority.  Further, the applicant did not provide any evidence or identify any error or injustice that occurred in the discharge processing that would warrant a change to his RE code.

DPPRS’s complete evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  DPPAE states there was no evidence of an error or an injustice; nor did the applicant provide evidence of such.

DPPAE’s complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 27 April 2007 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice in regard to his request that his reenlistment eligibility (RE) code be changed to “1A”, Ineligible to reenlist, but condition waived.  After a thorough review of the documentation provided in support of his appeal and the evidence of record, it is our opinion that given the circumstances the RE code assigned to the applicant was proper and in compliance with the appropriate directives.
4.  Notwithstanding the above, we believe his commander’s action to suspend his punishment until remission on 12 September 2007 unless sooner vacated, while a common practice designed to give airmen another chance, actually accomplished the opposite in this case.  Because he was in an administrative punishment status when the FY07 Enlisted Force Shaping Program took effect, he was selected for a Date of Separation (DOS) rollback and discharged even though his commander had shown definite intent to consider remission of his punishment in September 2007.  Consequently, it is our opinion he should be given the opportunity to enlist in the service component of his choosing.  Whether or not he is successful 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 the applicant's 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 on 15 February 2007 he was separated under the provisions of AFI 36-3208, paragraph 1.2 (Secretarial Authority) with a separation code of JFF and a reenlistment eligibility (RE) code of 3K.

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The following members of the Board considered AFBCMR Docket Number BC-2007-01079 in Executive Session on 14 June 2007, under the provisions of AFI 36-2603:

XXXXXXXXXX, Panel Chair
XXXXXXXXXX, Member
XXXXXXXXXX, Member

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Feb 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 11 Apr 07
    Exhibit D.  Letter, AFPC/DPPAE, dated 18 Apr 07
    Exhibit E.  Letter, SAF/MRBR, dated 27 Apr 07.

                                   XXXXXXXXXX
                                   Panel Chair