RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03832
				INDEX CODE:  110.00
				COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The reenlistment eligibility (RE) code reflected on his DD Form 214 be changed to allow him to return to active duty.

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APPLICANT CONTENDS THAT:

He was subject to the Reduction in Force (RIF) in 1996, while approaching high year tenure (HYT).  He currently meets or exceeds the standards for eligibility to return to active duty with the exception of his RE code.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force (RegAF) on 7 July 1986, as an airman first class (A1C) for a period of six (6) years.

The applicant was honorably released from active duty in the grade of senior airman (E-4) on 30 January 1996 and transferred to the Air Force Reserve under the provisions of AFI 36-3208, Reduction in Force.  The applicant  served a  total of 9 years, 6 months and 24 days of active duty service.  The applicant was separated with an RE code of “4D”, which indicates the member was either a senior airman or sergeant, who had completed at least 9 years, but not less than 16 years of total active service and was not selected for promotion to staff sergeant.

The applicant reenlisted in the Air Force Reserve on 27 July 2001, as a technical sergeant (TSgt) for a period of 6 years.

The applicant is currently serving on extended active duty in the grade of TSgt in support of Enduring Freedom/Noble Eagle.

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AIR FORCE EVALUATION:

AFPC/DPPAE states a review of the applicant’s records indicate the applicant did not obtain the grade of staff sergeant prior to reaching his HYT and in accordance with AFI 36-3208, all members not selected for SSgt prior to their HYT will be separated from active duty.  DPPAES further states the reenlistment eligibility code "4D" is the applicable code for a member whose grade is senior airman or sergeant, who completed at least 9 years of total active military service (TAFMS) but less than 16 years (TAFMS), and was not selected for promotion to staff sergeant.  They recommend the applicant’s request be denied.

A copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he made several inquiries about his options for reenlistment.  He was informed that in order to reenlist he would need to have the RE code he received changed to a 1J or 3K, preferably the 1J.  He tried to obtain an exception to policy waiver, but was unable to obtain a waiver, partially due to the payment he received when he separated.  Recently the individuals that were discharged via VSI/SSB programs were authorized to return to active duty.  However, these individuals, like him received compensation as part of their separation.  A repayment schedule was developed for the individuals who separated under VSI/SSB to allow them to return to active duty.  He is prepared to participate in a repayment schedule to allow him to reenlist on active duty.  If his request is approved he hopes that he will be able to hold his current rank, which he has held for over 18 months and will continue to do so until his orders expire in September 2003.  However, reservists that were recently mobilized were granted the opportunity to test for their next rank, just like their active duty counterparts.  If this is the case, then it would seem if they were performing at their current rank and test for further rank, they should be able to maintain their current rank if they were able to transfer to active duty or to another branch of service.

His intentions if this request is approved is to compete for a warrant officer position within the criminal investigation division of the US Army.  He requests his RE code on his DD Form 214 be changed to allow him to return to active duty.  As a veteran of the Gulf War, and now, having been recalled to support our nation’s current needs, surely he may be of further use in its time of war as well as peacetime operations (Exhibit E).

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ADDITIONAL AIR FORCE EVALUATION:

HQ AFPC/DPPAE states enlistment grades are based on criteria outlined in AFI 36-2002, Regular Air Force and Special Category Enlistment.  The applicant’s enlistment grade will be based on meeting the minimum Total Active Federal Military Service (TAFMS) requirements and the highest grade held at the time of his discharge from the respective service.  Enlistment in a grade previously held in another branch of service requires the applicant to provide adequate documentation (certificate of discharge from the losing service) of the highest grade held and meet specific TAFMS requirements.  For the applicant to retain the grade he currently holds as an E-6, he must have ten years TAFMS.  According to the applicant’s former RegAF and current Reserve records, as of 3 July 2003, he has 11 years, 11 months and 11 days TAFMS.  Everyday the applicant continues to serve on active duty orders with the Reserves counts toward TAFMS.  If the applicant wishes to enlist in the RegAF, his enlistment grade would be E-6.

DPPAE further states if the applicant chooses, to be qualified and approved to enlist in RegAF, he will need to sign an AF Form 3006, Enlistment Agreement--Prior Service, outlining his entitled grade and date of rank for his understanding.  The contract will state, “I am enlisting in pay grade E-6 (based on TAFMS and determined date of enlistment).  I have no claim to a higher grade.  I understand my entitlement to further promotions will be in accordance with regulations in effect at the time of eligibility for promotion and provisions do not exist to accelerate promotion due to my prior service or the number of years I am enlisting for …I understand my DOR is my date of enlistment in the RegAF.”

A copy of the Air Force evaluation is attached at Exhibit F.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 11 July 2003, for review and response.  As of this date, no response has been received by this office.  

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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.  After careful consideration of the circumstances of this case and the evidence provided by the applicant, we are not persuaded that the reenlistment code he received upon separation from active duty is in error or unjust.  Applicant’s contentions are duly noted; however, we agree with the opinions and recommendations of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  The applicant was released from the Air Force under the provisions of AFI 36-3208 Reduction in Force with an RE code of 4D, which indicates he was either a senior airman or sergeant, who had completed at least 9 years, but not less than 16 years of total active service and was not selected for promotion to staff sergeant.  In this respect, we note the applicant’s reenlistment code 4D is waiverable code and depending upon the needs of the service the applicant may be allowed to reenlist.  Therefore, in view of the above and in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03832 in Executive Session on 17 September 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 15 Nov 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPAE, dated 21 Feb 03.
	Exhibit D.	Letter, SAF/MRBR, dated 28 Feb 03.
	Exhibit E.	Applicant’s Response, dated 10 Jan 03, w/atchs.
	Exhibit F.	Letter, AFBCMR, dated 6 May 03.
	Exhibit G.	Letter, AFPC/DPPAE, dated 3 Jul 03.
	Exhibit H.	Letter, SAF/MRBR, dated 11 Jul 03.