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

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APPLICANT REQUESTS THAT:

His Reenlistment Eligibility (RE) code be changed.

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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.

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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.

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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.  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.

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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.”

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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:

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.

                                   

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.”