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AF | BCMR | CY2003 | BC-2002-02351
Original file (BC-2002-02351.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-02351

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) Code of  4A  (separated  for  hardship  or
dependency reasons) be upgraded to 1J  (eligible  to  reenlist,  but  elects
separation).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

At the time of his discharge for financial  hardship,  he  was  eligible  to
reenlist, but voluntarily separated from active duty.  Since his  discharge,
his financial hardship no longer exists  due  to  divorce,  bankruptcy,  and
family assistance from his parents.

In support of the appeal, the applicant submits extracts from  his  military
records, a copy of his bankruptcy discharge order, and divorce decree.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 4 June 1986  and  entered  active
duty.  He was progressively promoted to the grade of staff sergeant (E-5).

On 24 October 1995, the applicant reenlisted in the Air Force for  a  period
of 6 years.

A Report of  Individual  Personnel  (RIP),  prepared  on  the  applicant  on
17 March 1998, indicates that on 1 December 1997, he was placed in  a  self-
directed fitness improvement program.

In a memorandum, dated 2  March  1998,  the  applicant  requested  voluntary
separation with an honorable discharge based on financial hardship.
The separation authority approved  the  applicant’s  separation  request  on
12 March 1998.

On  20  March  1998,  the  applicant  was  honorably  discharged  under  the
provisions of AFI 36-3208 (Hardship) and issued an RE Code of 4A  (separated
for hardship or dependency reasons).  He completed 11 years, 9  months,  and
17 days of active service, with 1  month  and  23  days  of  prior  inactive
service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied and states, in part, the  RE
Code the applicant received at the time of his separation  is  correct.   He
has not satisfactorily indicated the RE Code was  inappropriate  or  not  in
compliance with Air Force policy.

The AFPC/DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 18 October 2002 for review and response within 30 days.  However,  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.    The Secretary of the Air Force has statutory authority  to  promulgate
rules and regulations governing the administration of  the  Air  Force.   In
the exercise of that authority, he has  determined  that  members  separated
from the Air Force would  be  furnished  an  RE  code  predicated  upon  the
quality of their service and circumstances  of  their  separation.   At  the
time an RE code is assigned, it reflects the Air  Force  position  regarding
whether or not, or  under  what  circumstances,  the  individual  should  be
allowed to reenlist.  In this case, the applicant was given an RE code  that
bars reenlistment without first obtaining  a  waiver.   There  has  been  no
showing that the Secretary abused this discretionary authority or  that  the
particular RE code assigned was contrary to the prevailing directive.

_________________________________________________________________

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  Docket  Number  BC-2002-02351
in Executive Session on 13 February 2003 under the  provisions  of  AFI  36-
2603:

                       Mr. Philip Sheuerman, Panel Chair
                       Mr. David A. Mulgrew, Member
                       Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPRSP, dated 8 Aug 02.
    Exhibit D.  Letter, AFPC/DPPAE, dated 15 Oct 02.
    Exhibit E.  Letter, SAF/MRBR, dated 18 Oct 02.




                                   PHILIP SHEUERMAN
                                   Panel Chair

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