RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02428
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 July 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code of 4A be changed so that he can
qualify for enlistment into the Regular Air Force.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was led to believe before he separated that he  would  be  afforded
the chance to volunteer for reenlistment back into active duty if  his
hardship was rectified.  The reentry  code  on  his  DD  Form  214  is
prohibiting  him  from  volunteering  in  any  prior  service   slots.
Furthermore, the recruiting squadron will not waive the code.

The applicant states the hardship reason has been resolved and he  has
been honorably serving in the Reserves since September 2004.

In support of the appeal, applicant submits a  personal  statement,  a
copy of a memorandum, a copy of his first DD Form 149, and two  copies
of his DD Form 214.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 10 January 1996  for  a
period of four years.  He reenlisted on 10 January 2000.  His  highest
grade held was staff sergeant.  He received five Enlisted  Performance
Reports (EPRs) closing 9 September 1997, 9 September 1998, 9 September
1999, 6 April 2000 and 6 April 2001, in which the overall  evaluations
were “5s”.

On 1 June 2002,  applicant  was  honorably  discharged  by  reason  of
hardship, after serving 6 years, 4 months, and 22 days on active duty.
 He received an RE code of 4A - Separated for hardship  or  dependency
reasons.  RE codes in the 4 series are not  eligible  to  reenlist  or
extend but some waivers are possible, if requested.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE reviewed the applicant’s  personnel  record  and  found  no
evidence or injustice that the applicant’s RE code was incorrect.
Therefore they recommend denial of applicant’s request.

A complete copy of the evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states that he has rectified his family situation and he has
not had the chance to return to active duty  because  of  the  reentry
code on his DD Form 214.  He wishes to return to active duty to  serve
his country.

After not being able to reenter to serve on active duty he decided  to
try to join the Air Force Reserves.  His reentry code was waived.   He
officially entered the Air Force Reserves in September of 2004.  He is
very proud to be back in uniform in the Reserves but he still has  the
desire and hopes to reenter as an active duty member and  serve  at  a
full time capacity.

He truly believes that he has much to offer the  Air  Force.   He  has
been serving in the Reserves honorably since September 2004.   He  has
been serving side by  side  active  duty  members  at  North  American
Aerospace Defense Command (NORAD) and United States  Northern  Command
(USNORTHCOM) since September 2005 on full time orders.   He  is  fully
trained in his AFSC and he also has a  valuable  Top  Secret  security
clearance.  Changing his code would give him the chance to  return  to
active duty when slots are available in the future.  He knows that  he
was, and would continue to be, a valuable asset to the  Air  Force  if
afforded the chance.

Applicant’s response, with attachments, is at Exhibit E.

_________________________________________________________________

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 injustice.  Although the actions taken to  effect  the
applicant’s discharge and the RE code he received  were  accurate,  we
believe, based  on  his  statement,  “the  hardship  reason  has  been
resolved and he has been  honorably  serving  in  the  Reserves  since
September 2004,” he should be provided the opportunity  to  apply  for
enlistment in the  armed  services.   Our  recommendation  in  no  way
guarantees that he will be allowed to return to the Air Force  or  any
branch of the service.  Whether  he  is  successful  in  reentering  a
branch of the armed forces will depend on the needs of the service  to
which application is made.  Therefore, we recommend  that  applicant’s
record be corrected by changing  the  reason  for  his  separation  to
“Secretarial Authority” and his RE code to 1J (Eligible  to  reenlist,
but elects separation).

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that, on 1 June 2002,  he  was  discharged
under the provisions of AFI 36-3208, paragraph 1.2  (Secretarial  Authority)
with a separation code of KFF and a reenlistment eligibility  (RE)  code  of
1J.



_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-02428 in Executive Session on 30 March 2006, under the provisions
of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Patricia R. Collins, Member
              Ms. Grover L. Dunn, Member

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

   Exhibit A.  DD Form 149, dated 10 Jan 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 9 Feb 06, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 17 Feb 06.
   Exhibit E.  Applicant’s Response, dated 1 Mar 06, w/atchs.



                                   RICHARD A. PETERSON
                                   Chair







AFBCMR BC-2005-02428





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 APPLICANT, be corrected to show that on 1 June 2002,
he was discharged under the provisions of AFI 36-3208, paragraph 1.2
(Secretarial Authority) with a separation code of KFF and a
reenlistment eligibility (RE) code of 1J.






                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency