RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03832
                       INDEX CODE:  110.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The reenlistment eligibility (RE) code reflected on his DD Form 214 be
changed to allow him to return to active duty.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was subject  to  the  Reduction  in  Force  (RIF)  in  1996,  while
approaching high year tenure (HYT).  He currently meets or exceeds the
standards for eligibility to return to active duty with the  exception
of his RE code.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force (RegAF) on 7 July 1986, as
an airman first class (A1C) for a period of six (6) years.

The applicant was honorably released from active duty in the grade  of
senior airman (E-4) on 30 January 1996  and  transferred  to  the  Air
Force Reserve under the provisions of AFI 36-3208, Reduction in Force.
 The applicant  served a  total of 9 years, 6 months and  24  days  of
active duty service.  The applicant was separated with an RE  code  of
“4D”, which indicates  the  member  was  either  a  senior  airman  or
sergeant, who had completed at least 9 years, but  not  less  than  16
years of total active service and was not selected  for  promotion  to
staff sergeant.

The applicant reenlisted in the Air Force Reserve on 27 July 2001,  as
a technical sergeant (TSgt) for a period of 6 years.

The applicant is currently serving on  extended  active  duty  in  the
grade of TSgt in support of Enduring Freedom/Noble Eagle.

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AIR FORCE EVALUATION:

AFPC/DPPAE states a review of the  applicant’s  records  indicate  the
applicant did not obtain the grade of staff sergeant prior to reaching
his HYT and in accordance with AFI 36-3208, all members  not  selected
for SSgt prior to their  HYT  will  be  separated  from  active  duty.
DPPAES further states the reenlistment eligibility code  "4D"  is  the
applicable code for a member whose grade is senior airman or sergeant,
who completed at least  9  years  of  total  active  military  service
(TAFMS) but less than 16 years  (TAFMS),  and  was  not  selected  for
promotion to staff sergeant.  They recommend the  applicant’s  request
be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation  and  states  he  made
several inquiries about his options for reenlistment.  He was informed
that in order to reenlist he  would  need  to  have  the  RE  code  he
received changed to a 1J or 3K, preferably the 1J.  He tried to obtain
an exception to policy waiver, but was  unable  to  obtain  a  waiver,
partially due to the payment he received when he separated.   Recently
the  individuals  that  were  discharged  via  VSI/SSB  programs  were
authorized to return to active duty.  However, these individuals, like
him received compensation as part of their  separation.   A  repayment
schedule was developed for the individuals who separated under VSI/SSB
to allow them to return to active duty.  He is prepared to participate
in a repayment schedule to allow him to reenlist on active  duty.   If
his request is approved he hopes that he will  be  able  to  hold  his
current rank, which he has held for over 18 months and  will  continue
to do  so  until  his  orders  expire  in  September  2003.   However,
reservists that were recently mobilized were granted  the  opportunity
to test for their next rank, just like their active duty counterparts.
 If this is the case, then it would seem if they  were  performing  at
their current rank and test for further rank, they should be  able  to
maintain their current rank if they were able to  transfer  to  active
duty or to another branch of service.

His intentions if this request is approved is to compete for a warrant
officer position within the criminal investigation division of the  US
Army.  He requests his RE code on his DD Form 214 be changed to  allow
him to return to active duty.  As a veteran of the Gulf War, and  now,
having been recalled to support our nation’s current needs, surely  he
may be of further use  in  its  time  of  war  as  well  as  peacetime
operations (Exhibit E).

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ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPPAE states enlistment grades are based on criteria  outlined
in AFI 36-2002, Regular Air Force  and  Special  Category  Enlistment.
The applicant’s enlistment grade will be based on meeting the  minimum
Total Active Federal Military Service  (TAFMS)  requirements  and  the
highest grade held at the time of his discharge  from  the  respective
service.  Enlistment in a grade previously held in another  branch  of
service requires  the  applicant  to  provide  adequate  documentation
(certificate of discharge from the  losing  service)  of  the  highest
grade held and meet specific TAFMS requirements.  For the applicant to
retain the grade he currently holds as an E-6, he must have ten  years
TAFMS.  According to the applicant’s former RegAF and current  Reserve
records, as of 3 July 2003, he has 11 years, 11  months  and  11  days
TAFMS.  Everyday the applicant  continues  to  serve  on  active  duty
orders with the Reserves counts toward TAFMS.  If the applicant wishes
to enlist in the RegAF, his enlistment grade would be E-6.

DPPAE further states if the applicant chooses,  to  be  qualified  and
approved to enlist in RegAF, he will need to sign  an  AF  Form  3006,
Enlistment Agreement--Prior Service, outlining his entitled grade  and
date of rank for his understanding.  The contract will  state,  “I  am
enlisting in pay grade E-6 (based on  TAFMS  and  determined  date  of
enlistment).  I have no claim to a  higher  grade.   I  understand  my
entitlement  to  further  promotions  will  be  in   accordance   with
regulations in effect at the time of  eligibility  for  promotion  and
provisions do not exist  to  accelerate  promotion  due  to  my  prior
service or the number of years I am enlisting for …I understand my DOR
is my date of enlistment in the RegAF.”

A copy of the Air Force evaluation is attached at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
11 July 2003, for review and response.  As of this date,  no  response
has been received by this office.

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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 error or injustice.  After careful  consideration  of
the circumstances of this  case  and  the  evidence  provided  by  the
applicant, we are not persuaded that the reenlistment code he received
upon separation from active duty is in error or  unjust.   Applicant’s
contentions are duly noted; however, we agree with  the  opinions  and
recommendations of the Air Force and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  The applicant was released from the Air  Force
under the provisions of AFI 36-3208 Reduction in Force with an RE code
of 4D, which indicates he was either a senior airman or sergeant,  who
had completed at least 9 years, but not less than 16  years  of  total
active service and was not selected for promotion to  staff  sergeant.
In this respect, we note  the  applicant’s  reenlistment  code  4D  is
waiverable code and depending  upon  the  needs  of  the  service  the
applicant may be allowed to reenlist.  Therefore, in view of the above
and in the absence of evidence to the contrary, we find no  compelling
basis to recommend granting the relief sought in this application.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2002-03832 in  Executive  Session  on  17  September  2003  under  the
provisions of AFI 36-2603:

                       Ms. Peggy E. Gordon, Panel Chair
                       Mr. Michael V. Barbino, Member
                       Ms. Patricia E. Kelly, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Nov 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPAE, dated 21 Feb 03.
      Exhibit D. Letter, SAF/MRBR, dated 28 Feb 03.
      Exhibit E. Applicant’s Response, dated 10 Jan 03, w/atchs.
      Exhibit F. Letter, AFBCMR, dated 6 May 03.
      Exhibit G. Letter, AFPC/DPPAE, dated 3 Jul 03.
      Exhibit H. Letter, SAF/MRBR, dated 11 Jul 03.




                             PEGGY E. GORDON
                             Panel Chair