RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


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

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  12 Jun 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

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.

________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________





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:

                       Ms. Cathlynn B. Sparks, Panel Chair
                       Mr. Patrick C. Daugherty, Member
                       Ms. Marcia Jean Bachman, Member

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.




                                   CATHLYNN B. SPARKS
                                   Panel Chair


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 XXXXXXX, XXXXXXX, be corrected to show that at the time of his
discharge on 27 July 2004, his reenlistment eligibility (RE) code was RE-
2X.








JOE G. LINEBERGER

Director

Air Force Review Boards Agency