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AF | BCMR | CY2003 | BC-2003-02770
Original file (BC-2003-02770.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02770
            INDEX CODE: 100.03

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of  4A  (Separated  for  hardship  or
dependency reasons) be changed to a 1.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

The reasons surrounding his hardship discharge have been  rectified  and  he
would like to be able to reenlist and serve his country but his RE  code  of
4A has made it very difficult.  He tried to request a waiver and was  turned
down.

Applicant’s complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 Feb 97 for a period  of
four years in the grade of airman basic.  On 5 Jun 98, he  was  promoted  to
the grade of airman first class.

On 2 Jul 98, applicant  requested  a  hardship  discharge  based  on  family
difficulties.   His  unit  commander  cited  that  applicant’s  father   was
disabled and the option of a humanitarian reassignment was examined, but  it
was doubtful that he would be able to meet the needs of the  Air  Force  and
his parents simultaneously.  On that  same  date,  the  discharge  authority
approved the hardship discharge.

On 10 Jul 98, he was honorably discharged under the provisions  of  AFI  36-
3208 and was issued an RE code of 4A (Separated for hardship  or  dependency
reasons), with a reason for separation as hardship.  He was credited with  1
year, 5 months, and 6 days of active duty service.

_________________________________________________________________




AIR FORCE EVALUATION:

HQ AFPC/DPPRS found that the discharge was consistent  with  the  procedural
and substantive requirements of  the  discharge  regulation.   Additionally,
that the  discharge  was  within  the  sound  discretion  of  the  discharge
authority.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on  7  Nov
03 for review and comment within 30 days.  As of this date, no response  has
been received by this office (Exhibit D).

_________________________________________________________________

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 waive the failure to timely file.

3.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an  error  or  injustice.   Applicant’s  contentions  are  duly
noted; however, we are not persuaded the applicant has been  the  victim  of
an error or injustice.  At the time  members  are  separated  from  the  Air
Force, they are furnished an RE code predicated upon the  quality  of  their
service and circumstances of their separation.  After a thorough  review  of
the evidence of record, we believe that given the circumstances  surrounding
the applicant’s separation, the RE code issued was in  accordance  with  the
appropriate directives.  Additionally, we note the assigned RE  code  of  4A
is a code that can be waived for  prior  service  enlistment  consideration,
provided applicant meets all other  requirements  for  enlistment  under  an
existing prior service program, and depending on the needs of  the  service.
Based on the foregoing, and in the absence of evidence to the  contrary,  we
find no basis upon which to recommend favorable action on 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  Docket  Number  BC-2003-02770
in Executive Session on 17 December 2003, under the provisions  of  AFI  36-
2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Mr. E. David Hoard, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Aug 03.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPRS, dated 24 Sep 03.
    Exhibit D.  Letter, SAF/MRBR, dated 7 Nov 03.




                                   DAVID C. VAN GASBECK
                                   Panel Chair

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