RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01806
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:
In Sep 07, he separated from service with a hardship discharge due to his
father-in-laws poor health. Since his father-in-law’s death in Nov 09, he
again desires to serve his country through military service. He has met
several roadblocks and shortcomings because of his RE code. He served
honorably and wholeheartedly would like his RE code changed so he can
fulfill his uncompleted service.
In support of his request, the applicant submits a 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:
The applicant’s discharge case file was not available. Information
extracted from the Military Personnel Data System (MilPDS) indicates the
applicant entered active duty service on 28 May 02. He was progressively
promoted to the grade of staff sergeant having assumed that grade effective
and with a date of rank of 1 Feb 07. He was honorable discharged from
service on 7 Sep 07 for Hardship. He served 5 years, 3 months and 10 days
on active duty.
The remaining relevant facts pertaining to this application, extracted from
the applicant’s military records, are contained in the letter prepared by
the appropriate office of the Air Force at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOA recommends denial. DPSOA states RE code 4A was established
for members who separate under hardship or dependency provisions. The Air
Force intended to identify these members as separating by hardship. To
change the RE code verses applying for a waiver from the branch of service
would defeat the purpose of the code. DPSOA notes an individual’s status
may change or cease to exist; however, a review of the circumstances to
make an educated decision through the waiver process would be more
appropriate. Each branch of service determines what conditions they will
and will not waive.
DPSOA states the applicant has not presented evidence to support a change
to his RE code.
The complete DPSOA 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 16 Jul
10, for review and comment within 30 days. As of this date, this office
has received no response (Exhibit D).
_________________________________________________________________
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. 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 office of primary
responsibility and adopt its rationale as the basis for our conclusion that
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 sough 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-2010-01806 in
Executive Session on 28 Oct 10, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 May 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSOA, dated 25 Jun 10.
Exhibit D. Letter, SAF/MRBR, dated 16 Jul 10.
Panel Chair
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