RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02705
            INDEX CODE:  100.06
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  10 Jun 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His reenlistment  eligibility  (RE)  code  of  4H  (Serving  suspended
punishment pursuant to Article 15, Uniform Code  of  Military  Justice
(UCMJ)) be changed so that he may enlist in  the  Air  National  Guard
(ANG).

[Note:   In  their  amended  evaluation  (Exhibit  C)  HQ   AFPC/DPPAE
recommends the applicant’s RE code be changed to 3K (Reserved for  use
by HQ AFPC or  the  AFBCMR  when  no  other  RE  code  applies  or  is
appropriate).
_________________________________________________________________

APPLICANT CONTENDS THAT:

His suspended punishment under Article 15 expired prior to the end  of
his term of service (TOS).  His RE code prevents him from serving  his
country in the ANG.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  19 Sep  00  for  a
period of four years and, during the period in question, served in the
grade of senior airman (SRA) with a date of rank (DOR) of 19 Sep 03.

On 1 Mar 04, the applicant was notified of his commander's  intent  to
impose nonjudicial punishment  on  him  for  dereliction  of  duty  by
failing to report for  duty  without  being  placed  on  quarters  and
failing to notify his supervisor that  no  medical  appointments  were
available, as it was his duty to do, on or about 20 Feb 04 near Little
Rock AFB, AK.   On  4 Mar  04,  after  consulting  with  counsel,  the
applicant waived his right to a trial by  court-martial,  requested  a
personal appearance, but did not submit a  written  presentation.   On
8 Mar 04, his commander found him guilty and imposed punishment in the
form of 30 days of extra duty and reduction from the grade of  SRA  to
airman first class (A1C), suspended through 7 Sep 04.   Applicant  did
not  appeal  the  punishment.   The  Article  15  was  filed  in   his
Unfavorable Information File (UIF) on 11 Mar 04.

On 18 Sep 04, the applicant was honorably released  from  active  duty
upon completion of his required  active  service  of  four  years  and
transferred to the AF Reserve in the grade of SRA.  He received an  RE
code of 4H, and a separation program  designator  (SPD)  code  of  MBK
(Completion of Required Active Service).

Note:  The Article 15  period  of  suspension  expired  on  7 Sep  04.
According to AFI 36-2907, the UIF disposition  date  would  have  been
10 Mar 06 (one day less than the UIF’s effective date  plus  the  two-
year final retention duration).  Although  the  UIF  could  have  been
terminated early once the Article 15 suspension period was  completed,
the  available  records  do  not  indicate  whether  this  was   done.
Therefore, the applicant had a UIF when he separated but that  is  not
the same thing as “serving  under  suspended  punishment  pursuant  to
Article 15.”

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE originally advised, in an evaluation  dated  31 Oct  05,
that the applicant was released from  the  Air  Force  on  18 Sep  04,
before the expiration of his UIF on 10 Mar 06.  Therefore, the RE code
was correct and the applicant’s request should be denied.

However, pursuant to an AFBCMR Staff inquiry, HQ  AFPC/DPPAE  provided
another advisory, dated 20  Jan  06,  wherein  they  advise  that  the
applicant’s 4H RE code was incorrect because he was no longer  serving
under the suspended Article 15 at the time of his release from  active
duty.  Since there are no documents indicating whether  the  commander
denied or supported future reenlistment, HQ AFPC/DPPAE recommends  the
applicant’s RE code be changed to 3K, which  would  allow  him  to  be
eligible  for  prior  service  enlistment  with  an  approved   waiver
(provided he is otherwise qualified) into the ANG.

Complete copies of the original and revised evaluations are at Exhibit
C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the 31 Oct 05 Air Force evaluation was forwarded to
the applicant on 10 Nov 05 for review and comment within 30 days.  The
revised advisory was forwarded to  the  applicant  on  20 Jan  06  for
review and comment within 30 days.  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 to warrant partial relief.  When the  applicant
was released from active duty on 18 Sep 04, he was not “serving  under
suspended punishment  pursuant  to  Article  15.”   The  Article  15’s
suspension period had expired on 7 Sep 04; therefore, the 4H  RE  code
he received is incorrect.  However, the UIF was still in  effect  when
the applicant was released; apparently  the  commander  chose  not  to
terminate the UIF before the end of its two-year period.  Further, the
applicant’s records do not indicate whether the  commander  denied  or
supported future reenlistment.  As a result, we are  not  inclined  to
grant the applicant an RE code from the “1” series, which would  allow
immediate reenlistment.  We do, however, agree  with  HQ  AFPC/DPPAE’s
recommendation that his RE code should  be  changed  from  4H  to  3K.
Neither of these RE codes allows immediate reenlistment, but both  are
waiverable; that is, they afford a member the opportunity to apply for
enlistment and, should he/she have desirable skills and  be  otherwise
acceptable, the Reserves may elect  to  waive  the  ineligibility  and
allow enlistment.  The 4H RE code is incorrect, and the more innocuous
3K RE code may enhance the applicant’s efforts in obtaining a  waiver.
We  therefore  recommend  the  applicant’s  records  reflect  he   was
honorably released from active duty with a 3K RE code.   However,  the
applicant should understand this RE code change in  no  way  obligates
any of the Services to accept him for enlistment.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the APPLICANT be corrected to show  that,  in  conjunction
with his honorable discharge on 18 September 2004,  he  was  issued  a
reenlistment eligibility code of 3K, rather than 4H.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 23 Feb 06 under the provisions of AFI 36-2603:

                 Mr. Laurence M. Groner, Panel Chair
                 Ms. Mary C. Puckett, Member
                 Ms. Jan Mulligan, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence relating to AFBCMR  Docket  Number  BC-
2005-02705 was considered:

  Exhibit A.  DD Form 149, dated 5 Oct 05, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, HQ AFPC/DPPAE, dated 31 Oct 05, and
                 Corrected Letter, HQ AFPC/DPPAE, dated 20 Jan 06.
  Exhibit D.  Letters, SAF/MRBR, dated 10 Nov 05 & 20 Jan 06.





                                   LAURENCE M. GRONER
                                   Panel Chair

AFBCMR BC-2005-02705




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    , be corrected to show that, in conjunction with
his honorable discharge on 18 September 2004, he was issued a
reenlistment eligibility code of 3K, rather than 4H.





   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency