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AF | BCMR | CY2003 | BC-2003-03105
Original file (BC-2003-03105.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03105
            INDEX CODE:  110.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He requested to reenter active duty Air Force on 6 June 1995 as a  recruiter
with a guaranteed choice of location of assignment.  Once  he  reentered  he
was informed that he not would have his choice  of  assignment  and  he  was
discharged on 15 July 1995 with a RE code of 4M.  After  requesting  several
appeals he received a waiver to reenter active duty  Air  Force  on  8  June
1998.  His parents became very ill and he requested to be  moved  closer  to
his parents to help care  for  them.   His  request  was  denied.   He  then
requested to make his parents his dependents so  he  could  care  for  them.
This request was also denied and he was given a hardship separation  with  a
RE code of 4M.

Due to the RE code he received and his 1995  discharge  stating  the  reason
for discharge as defective enlistment agreement, no other  branches  of  the
Armed Forces will talk to him.  He had an outstanding record  with  the  Air
Force without any adverse actions.

He would like to continue to serve his country and would  like  his  current
RE code changed.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  first  enlisted  in  the  Regular  Air  Force   (RegAF)   on
18 September 1986 for a period of six years.  He  was  voluntarily  released
for miscellaneous reasons on 1 March 1992 with  an  RE  code  of  1J,  which
indicates the applicant was eligible to reenlist, but elected  to  separate.
During this enlistment the applicant served 5 years, 5 months  and  14  days
of active service.

The applicant reenlisted in the RegAF on 6 June 1995, as  a  staff  sergeant
(SSgt).  He was discharged on 15 July 1995, under the provisions of AFI  36-
3208  (Defective  Enlistment  Agreement)  with  an  RE  code  of  4M,  which
indicates an Air Force breach of enlistment/reenlistment agreement.   During
this enlistment, he served one month and ten days of active service.

The applicant reenlisted in the  RegAF  on  12  June  1998  as  a  technical
sergeant (TSgt) for  a  period  of  4  years.   The  applicant  requested  a
hardship separation on  18  November  1999.   The  hardship  separation  was
approved on 26 November 1999.  He was honorably discharged  on  15  December
1999  with  an  RE  code  4M  which  indicates  an  Air  Force   breach   of
enlistment/reenlistment agreement.  During this enlistment,  he  served  one
year, six months and four days of active service.

EXAMINER'S NOTE: An Air Force evaluation was not  received;  however,  prior
to forwarding the case to the Board the Air Force  determined  that  the  RE
code assigned is correct.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an  error  or  injustice.   After  a  thorough  review  of  the
evidence of record and applicant’s submission, we are of  the  opinion  that
partial relief is warranted in this particular case.  In  this  respect,  we
note that the applicant was not separated based on  a  defective  enlistment
agreement; rather, he requested a hardship separation in  order  to  provide
care  for  his  ailing  parents.   Prior  to  his  request  for  a  hardship
separation, he had served honorably on two  previous  enlistments,  although
it is noted that his previous enlistment resulted  in  a  4M  RE  code.   It
appears that an error was made on his DD  Form  214  when  he  separated  in
December 1999 and was given another 4M RE code.  We can find no evidence  of
a defective enlistment; therefore, a change is warranted.  An RE code of  4A
accurately reflects the reason for his  discharge  which  was  for  hardship
reasons.  This is a waiverable code  which  would  allow  the  applicant  to
apply for reenlistment.  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  service.   Therefore,  we
recommend that his 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 in  conjunction  with  his  honorable
discharge on 15 December 1999, his reenlistment eligibility  (RE)  code  was
“4A.”

_________________________________________________________________

The following members of the Board considered  Docket  Number  BC-2003-03105
in Executive Session on 2 December 2003, under the  provisions  of  AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                       Ms. Patricia D. Vestal, Member
                       Mr. James W. Russell III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, SAF/MRBR, dated 31 Oct 03.




                                   RICHARD A. PETERSON
                                   Panel Chair





AFBCMR BC-2003-03105
INDEX CODE:  110.00




MEMORNDUM 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                       , be corrected to show that in
conjunction with his honorable discharge on 15 December 1999, his
reenlistment eligibility (RE) code was “4A.”




                       JOE G. LINEBERGER
                       Director
                                               Air Force Review Boards
Agency

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