RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01110
            INDEX CODE:  100.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  3 Oct 06


___________________________________________________________________

APPLICANT REQUESTS THAT:

It appears the applicant is requesting his records be corrected  to
reflect  that  he  was  released  from  active  duty  rather   than
discharged and that his reenlistment eligibility (RE)  code  of  4H
(Serving suspended punishment pursuant to Article 15, Uniform  Code
of Military Justice (UCMJ)) be changed to a code that  will  enable
him to reenlist.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His reentry  code  is  listed  as  4H  stating  that  he  is  under
suspension for Article 15 and  is  ineligible  for  National  Guard
duty.  Since he is no  longer  on  active  duty  he  is  not  under
suspension.  He wants to serve his  country  in  the  Air  National
Guard.  He was honorably discharged and should be included  in  the
same reserve pool as other honorably discharged veterans.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 12 May 95, applicant enlisted in the Regular Air  Force  in  the
grade of airman basic for a period of  six  years.   Prior  to  the
events under review, he was promoted to the grade of staff sergeant
(SSgt/E-5) with an effective date and date of rank of 1 Jul 03.

A resume of applicant’s enlisted performance reports (EPR)  profile
follows:

            PERIOD CLOSING              OVERALL EVALUATION


           11 Jan 01                                    5
           11 Jan 02                                    5
           15 Dec 02                                    5
           15 Dec 03                                    5
           15 Dec 04                                    2 (Referral
      Rpt)

Applicant  received  Article  15  punishment  on  28  Sep  04,  for
willfully destroying military property on divers occasions  between
on or about 24 May 04 and on or about  9 Sep  04,  by  cutting  his
spouse’s military ID card and breaking the  glass  windows  in  the
front and rear doors of his base housing, and  for  assaulting  his
spouse on or about 24 May 04, by throwing a broom at  her,  pushing
her into a wall  and  pushing  her  down.   For  this  offense,  he
received an Article 15.  The Article 15 punishment was as  follows:
“Reduction  to  the  grade  of  senior  airman,  suspended  through
27 Mar 05.  In accordance with MCM, Part V, paragraph  6a(4),  this
suspension  is  subject  to  the  additional  conditions   of   not
destroying  government  property,  not   committing   assault   and
attending the weekly Men Domestic Violence meetings as well as  any
counseling directed by Family Advocacy.”

On 6 Jan 05, applicant voluntarily requested  separation  effective
11 Mar 05 under the  provisions  of  AFI  36-3208,  paragraph  3.15
(miscellaneous  reasons).   Applicant  indicated   since   he   was
disapproved for retraining and based on his receipt of the  Article
15 his Air Force career was over.  On that same  date,  applicant’s
commander recommended his request be approved.

On  11  Mar  05,  applicant  was  honorably  discharged  under  the
provisions of AFI 36-3208 and was issued an RE code of 4H.  He  was
credited with 5 years and 10 months of active duty.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS reviewed this  application  and  recommended  denial,
stating,  in  part,  applicant  was  serving  under  the  suspended
reduction to the grade of senior airman at the  time  he  requested
separation.  He was discharged from the Air Force, with no  Reserve
obligation as reflected on his DD Form 214, block 6.  His  RE  code
of 4H is the correct code.

Based on the documentation in the file, they  found  the  discharge
consistent with the procedural and substantive requirements of  the
discharge regulation.  Additionally, the discharge was  within  the
sound discretion of the discharge authority.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 17 Jun 05 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 timely filed.

3.  Insufficient  relevant   evidence   has   been   presented   to
demonstrate the existence of an error  or  injustice.   Applicant’s
contentions are duly noted; however, we are not persuaded  that  he
has been the victim of an error or injustice.  At the time  members
are separated from the Air Force, they are  furnished  an  RE  code
predicated upon the quality of their service and the  circumstances
of their separation.  The evidence of record reflects at  the  time
of the applicant’s separation,  he  was  serving  under  punishment
pursuant to an Article 15, (suspended reduction  to  the  grade  of
senior  airman).    Given   the   circumstances   surrounding   the
applicant’s separation, the RE code appears  to  be  in  accordance
with the governing instruction.  RE code of 4H is a code  that  can
be waived for prior service enlistment consideration,  provided  he
meets all other requirements for enlistment under an existing prior
service program, and depending on the needs of the  service.   With
regard to applicant’s Reserve Obligation Termination Date,  Item  6
on his  DD  Form  214,  the  governing  instruction  provides  that
enlisted members separated by reason  of  “Completion  of  Required
Service,” with a 2 or  4-series  RE  code  are  discharged  without
regard to unfulfilled military service obligations.  Therefore, his
DD Form 214 correctly reflects “N/A.”  Based on the foregoing,  and
in the absence of evidence to the contrary, we find  no  compelling
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-2005-01110 in Executive Session on 11  August  2005,  under  the
provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Ms. Sue A. Lumpkins, Member
      Mr. Gregory A. Parker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Mar 05, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 2 Jun 05, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 17 Jun 05.




                                   MARILYN M. THOMAS
                                   Vice Chair