RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-00417
            INDEX CODE:  100.06
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 AUGUST 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation program designator (SPD) and  reenlistment  eligibility  (RE)
codes be changed to permit re-entry into the military (Army).

Examiner’s Note:  On  16  May  06,  AFPC/DPPRSP  administratively  corrected
applicant’s DD Form 214, Certificate of Release  or  Discharge  from  Active
Duty   to   change   his   narrative    reason    for    separation,    from
“Miscellaneous/General Reasons” to “Completion of Required Active  Service.”
 This action was taken based on the fact that applicant  was  serving  on  a
suspended punishment pursuant to an Article 15 at the time he was  separated
with a reenlistment eligibility code of “4H.”

_________________________________________________________________

APPLICANT CONTENDS THAT:

His separation code and reentry code should be updated to normal  conditions
since the suspension has been released.  He would like the codes changed  so
that he can join the Army.

In support of his request, applicant provided a  copy  of  his      DD  Form
214, and AF Form 3070, Record of Nonjudicial Punishment Proceedings.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22 Sep 99, in  the  grade  of
airman basic, for a period of six years.

On 13 Apr 04, applicant received an Article 15 for striking  another  airman
by shoving him on the shoulders with his  hands  on  or  about  14  Feb  04;
punishment imposed consisted of  a  suspended  reduction  to  the  grade  of
airman, suspended forfeiture of $500.00 pay per month  for  two  months,  30
days extra duty and a reprimand.

On 15 Sep 04, applicant was honorably discharged from  active  duty  in  the
grade of senior airman,  under  the  provisions  of  AFI      36-3208,  with
separation program designator code  (SPD)  of  “KND”  (Miscellaneous/General
Reasons).  He was issued an RE Code of  4H,  “Serving  suspended  punishment
pursuant to Article 15.”  He served 4 years,  11  months,  and  24  days  of
active military service.
 _________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial of the applicant’s  request.   They  note  that
the applicant’s separation was consistent with the  procedural  requirements
of the discharge regulation.  The discharge was  within  the  discretion  of
the separation authority.

The applicant did  not  submit  any  evidence  or  identify  any  errors  or
injustices that occurred in the separation  processing.   Additionally,  the
SPD and RE codes are correct and no corrective action is required.

The applicant was separated under the provisions  of  AFI  36-3208  and  the
FY04 Force Shaping Program (DOS Rollback Program).

According to Military Personnel Flight Memorandum (MPFM)  04-35,  commanders
were allowed to accelerate the dates of  separation  (DOS)  on  Airmen  with
specific reenlistment eligibility codes based on the  criteria  of  the  DOS
Rollback Program.  Specifically, Airmen in all  Air  Force  Specialty  Codes
with a reenlistment eligibility code of “4H” (serving  suspended  punishment
pursuant to Article 15, Uniform Code of Military Justice) would  have  their
DOS established as 15 Sep 04.

Airmen  separated  under  the  DOS  Rollback  Program  with  a  reenlistment
eligibility code of “4H” were separated with Separation  Program  Designator
(SPD) of “JBK” (if member had served less than 6 years of  active  service).
Applicant had served on active duty for a period of 4 years, 11  months  and
24 days.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 Jun 06, a copy of  the  Air  Force  evaluation  was  forwarded  to  the
applicant 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 or injustice.  After reviewing  the  applicant’s  records
and noting his contentions, the  Board  is  of  the  opinion,  although  the
action and disposition in the applicant’s case were  proper,  the  narrative
reason for separation and his RE code should be changed in order to  provide
him another opportunity to serve in the military.  His current RE code  does
not allow him  to  pursue  his  desire  to  continue  his  military  career.
Therefore, in view of his overall service, the Board recommends his  records
be corrected as indicated  below.   Whether  or  not  he  is  successful  in
rejoining the military will depend on the needs of the  respective  military
service at the time and their recommendation in no way  guarantees  he  will
be allowed to serve in the military again; this will simply afford  him  the
opportunity to  apply  for  a  waiver  to  enlist  in  the  armed  services.
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  on  15  September  2004  he  was
separated under the provisions of AFI 36-3208,  paragraph  1.2  (Secretarial
Authority) with a reenlistment eligibility (RE) code of 3K and a  separation
code of JFF.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2006-
00417 in Executive Session on 25 July 2006, under the provisions of AFI  36-
2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Elwood C. Lewis III, Member

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

    Exhibit A.  DD Form 149, dated 2 Feb 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRS, dated 19 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jun 06.





                                   JAMES W. RUSSELL, III
                                   Panel Chair

AFBCMR BC-2006-00417





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 [APPLICANT] be corrected to show that on 15 September 2004 he
was separated under the provisions of AFI 36-3208, paragraph 1.2
(Secretarial Authority) with a reenlistment eligibility (RE) code of 3K
and a separation code of JFF.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency