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

_________________________________________________________________

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).

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

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.

_________________________________________________________________

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.

______________________________________________________________

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.

______________________________________________________________

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:

      Mr. James W. Russell, III, Panel Chair
      Ms. Glenda H. Scheiner, Member
      Mr. Michael F. McGhee, 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.




                                   JAMES W. RUSSELL, III
                                   Panel Chair


                         DEPARTMENT OF THE AIR FORCE
                                WASHINGTON DC


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Office Of The Assistant Secretary



AFBCMR BC-2007-01079




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 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.





     JOE G. LINEBERGER

     Director

     Air Force Review Boards Agency