RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-00752
            INDEX CODE:  112.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reentry code  of  "4H,"  which  denotes  "Serving  suspended  punishment
pursuant to Article  15,  Uniform  Code  of  Military  Justice  (UCMJ),"  be
changed to a code  that  will  enable  him  to  reenter  another  branch  of
service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received an Article 15 and while he was on leave his  commander  received
a notice to separate  airmen  with  bad  records  under  the  Force  Shaping
program.  Being on leave saved him from  falling  under  the  Force  Shaping
program and he volunteered for early separation to attend college.   Had  he
not volunteered to separate he would have been eligible to reenlist.

In support of his request, the applicant provided a copy of  a  notification
memorandum.

Applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date  (TAFMSD)  is  21
June 1998.

The applicant received  nonjudicial  punishment  under  Article  15  of  the
Uniform Code of Military Justice (UCMJ) for the following:

            a.  He did at or near Osan Air Base, Republic of  Korea,  on  or
about 25 December 2003, disrespect a general officer.

            b.  He did at or near Osan Air Base, Republic of  Korea,  on  or
about 25 December 2003, use provoking words to a general officer.

            c.  He did at or near Osan Air Base, Republic of  Korea,  on  or
about 25 December 2003, display disorderly conduct, which conduct was  of  a
nature to bring discredit upon the armed forces.
His punishment consisted of a reduction  in  grade  of  airman  basic,  with
reduction below airman first class suspended through 21 July  2004  (with  a
new date of rank for airman first class of 23 January 2004), restriction  to
Osan Air Base and a reprimand.

The applicant was honorably released from active duty  on  7 September  2004
in the grade of airman first class.  He served  6 years,  2  months  and  17
days on active duty.  He served as a Munitions Systems Journeyman.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOS recommends denial.  DPSOS states the applicant was  selected  for
separation under the enlisted DOS rollback  program.   Eligibility  criteria
for the enlisted rollback program  applied  to  airmen  in  all  AFSCs  with
reentry code of 2X (denied reenlistment), 4H (serving  suspended  punishment
pursuant to Article 15, UCMJ) or 4I (serving on the  Control  Roster).   The
applicant received an Article 15 on 26 January  2004  for  disrespect  to  a
general officer.  The applicant’s reentry code was 4H and  he  was  selected
for separation by his commander.

The applicant was selected for separation under  the  DOS  rollback  program
and was  authorized  one-half  separation  pay.   The  applicant  should  be
advised if the requested action is approved by the board, he may be  subject
to recoupment of the $7,134.75 he received for separation pay  as  confirmed
by the Defense Finance and Accounting Service.  DPSOS also notes the  amount
of separation pay reflected on his DD Form 214 is incorrect  and  should  be
corrected to reflect $7,134.75 vice $19,026.00.

The applicant did  not  submit  any  evidence  or  identify  any  errors  or
injustices that occurred in the discharge processing.  He provided no  facts
warranting a change.

The complete DPSOS evaluation is at Exhibit C.

AFPC/DPSOA states the applicant was not serving suspended  punishment  under
Article 15, UCMJ at the time of his release.  However, due to the  reduction
in grade, coupled with the fact that the applicant was considered a  second-
termer and held the grade of airman first class at the time of his  release,
DPSOA recommends his RE code be corrected to  show  4E  –  Grade  is  airman
first class or below and airman completed 31 or more months (55  months  for
6-year enlistees), if a first-term airman; or, grade is airman  first  class
or below and the airman is a second-term or career airman.

MPFM 04-05, implemented the FY04 Force Shaping Program.   This  program  was
developed to assist the Air Force in meeting end strength  requirements  and
to properly shape the force by authorizing a  DOS  rollback  for  identified
enlisted personnel.  According to attachment three  of  this  MPFM,  members
with RE codes of 2X, 4H, or 4I  with  less  than  14  years  of  TAFMS  were
eligible for commanders to accelerate the DOS of airmen with these codes  to
equal to 120 days from the commanders notification of  release  from  active
service.  However, as stated in the attachment Exclusions: (c)  “Airman  are
not required to separate if the reenlistment ineligibility condition,  which
qualified them for early separation, is  eliminated  before  their  rollback
DOS.   The  applicant’s  suspended  punishment  expired  on  21  July  2004;
therefore, he was ineligible for separation under the program.

According to the applicant’s claims, he volunteered to accept the early  out
to attend school.  The applicant was not eligible for separation under  this
program.  Nevertheless, the applicant did separate from active duty  in  the
grade of airman first class while serving on his second-term of  enlistment.
 According to AFI 36-2602, RE  code  4E  is  the  correct  code  for  airmen
"...whose grade airman first class or below and the airman is a  second-term
or career airman."  The complete DPSOA evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 June 2008, copies of the Air Force evaluations were forwarded  to  the
applicant for review and comment within 30 days (Exhibit  E).   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 not timely filed; however, it is in the interest  of
justice to excuse the failure to timely file.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of  an  error  or  injustice  warranting  some  relief.   In  this
respect,  according  to  the  applicant’s  discharge   documents,   he   was
discharged from the Air Force under the DOS Rollback provisions of the  FY04
Force Shaping program, Phase II.   However,  as  noted  by  AFPC/DPSOA,  his
suspended reduction under Article 15 expired prior to  his  separation  date
and he was  no  longer  eligible  for  separation  under  the  DOS  Rollback
provision.  DPSOA notes that because he was reduced to the grade  of  airman
first class as a result of his Article 15 punishment, his  correct  RE  code
should have reflected 4E.  Although the evidence of record shows  otherwise,
the applicant contends on the other hand, that he "was saved from  the  cut"
and voluntarily requested separation  (presumably  under  the  Miscellaneous
Separation  provision  of  the  Force  Shaping  program,  Phase  I).   While
changing his RE code  to  4E  may  not  provide  him  the  level  of  relief
requested, it appears that regardless of the provision under  which  he  was
separated, 4E should have been the proper RE code.  We carefully  considered
his request to change the  RE  code  to  a  code  that  will  allow  him  to
reenlist; however, we are not persuaded by the applicant's  assertions  that
the requested relief is warranted.  Accordingly, we  recommend  his  records
be corrected to the extent indicated below.

4.  We note the comments of DPSOS stating that the separation  pay  received
is incorrectly reflected on  his  DD  Form  214  (which  will  be  corrected
administratively) and that approval of the applicant's request would  result
in a loss of his entitlement to separation pay.  We  have  been  advised  by
the  Defense  Finance  and  Accounting  Service  that  since  the   assigned
separation code will remain unchanged,  there  will  be  no  change  in  his
entitlement to separation pay.

_________________________________________________________________

THE BOARD DETERMINES 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  7
September 2004, his reentry code was 4E.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2008-
00752 in Executive Session on 16 September 2008,  under  the  provisions  of
AFI 36-2603:

                 Mr. Joseph D. Yount, Panel Chair
                 Mr. Grover L. Dunn, Member
                 Mr. Richard K. Hartley, Member

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

   Exhibit A.  DD Form 149, dated 20 February 2008, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSOS, dated 6 June 2008.
   Exhibit D.  Letter, AFPC/DPSOA, dated 10 June 2008.
   Exhibit E.  Letter, SAF/MRBR, dated 27 June 2008.




                       JOSEPH D. YOUNT
                       Panel Chair





AFBCMR BC-2008-00752




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  XXX, be corrected to show that at the time of his discharge on
7 September 2004, his reentry code was 4E.





      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency