RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01435
INDEX CODE: 110.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His reentry (RE) code of 4A (Hardship) be changed to a waiverable code.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He wants to enlist in the Air National Guard (ANG) and his reentry code of
4A cannot be waived by the ANG. He served honorably for over 13 years and
received an early release when his career field became overmanned. He is
eager to serve his country again.
In support of the application, the applicant submits his personal statement
and his DD Form 214, Certificate of Release or Discharge from Active Duty.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 15 Mar 95, the applicant was honorably discharged due to “Hardship.” He
served 13 years, 3 months and 14 days on active duty. He received overall
ratings of nine and/or five on his Enlisted Performance Reports (EPRs).
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letters prepared by
the appropriate office of the Air Force at Exhibits C and D.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOS recommends denial. DPSOS notes the documentation pertaining
to the applicant’s discharge is incomplete; however, there is a presumption
of regularity in which the applicant was afforded due process and the
discharge was consistent with procedural and substantive requirements of
the discharge instruction.
His reentry code was properly established as 4A (separated for hardship
reasons). DPSOS was unable to confirm whether the applicant was advised
that his hardship discharge would result in a reenlistment code which would
render him ineligible to reenter the service and question whether his
knowing would have altered his decision to voluntarily separate for
hardship reasons.
The complete DPSOS evaluation is at Exhibit C.
HQ AFPC/DPSOA recommends denial. DPSOA states the applicant applied and
was approved for a hardship discharge. The RE code 4A identifies members
who separate under hardship or dependency provisions.
The complete DPSOA evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 16
Oct 09, for review and comment within 30 days. As of this date, this
office has received no response (Exhibit E).
_________________________________________________________________
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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our conclusion
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no 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 BC-2009-01435 in
Executive Session on 9 Mar 10, under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Apr 2009, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOS, dated 8 Sep 09.
Exhibit D. Letter, HQ AFPC/DPSOA, dated 30 Sep 09.
Exhibit E. Letter, SAF/MRBR, dated 16 Oct 09.
Chair
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