RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-00184
		INDEX CODE:  100.03
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His term of enlistment (TOE) be changed from six years to four years.

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APPLICANT CONTENDS THAT:

He was allured into enlisting for six years in his guaranteed specialty, 2A332, F-16 Avionics Systems Apprentice, along with an enlistment bonus as a monetary benefit.  His specialty was changed to 2S031, Supply Apprentice.  In addition his father is ailing in health and he has a moral responsibility for family care due to his father’s worsening condition.

In support of his request applicant provided a letter from his father to his former commander; a copy of his DD Forms 4/1 through 4/3, Enlistment/Reenlistment Documents; AF Form 3007, Guaranteed Training Enlistment Agreement; and, AF Form 3008, Supplement to AF Form 3007.  Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 2 Feb 00, for a period of six years, in the grade of airman (E-2).  The applicant was a guaranteed training enlistee for assignment to Air Force Specialty (AFS) 2A332 - Avionics Systems Apprentice.  He was promoted to the grade of airman first class (E-3), effective 4 Aug 00, with a date of rank of 17 Mar 00.  Effective 14 Dec 00, he was assigned to duty in AFS 2S031 (Receiving Journeyman).

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AIR FORCE EVALUATION:

The Special Programs and AFBCMR Manager, AFPC/DPPAE, reviewed applicant’s request and recommends denial.  DPPAE states that the applicant elected to serve a six-year TOE in order to receive advance promotion to the grade of airman first class (E-3), and an increased initial enlistment bonus.  Due to his failure to maintain academic standards, not failure by the Air Force to honor its contractual agreement, he was reclassified into the Supply career field.  The Air Force has no contractual obligation to change his TOE.  He has not proven that he was misled into electing a six-year TOE.  As outlined in his enlistment contract, he was promoted to E-3 and has received all pay/benefits associated with a six-year TOE (see Exhibit C).

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s father responded to the advisory and states that he initially approached the local Air Force Recruiter regarding the enlistment of his son for a four-year TOE.  There was no discussion of a six-year TOE.  His son was allured into enlisting for a six-year term as an inescapable necessity that entitled him to an increased enlistment bonus of $8,000.  While in technical training his son was subjected to continued harassment and racial slurs by his classmates, which resulted in his failure to achieve academic standards.  In accordance with the existing enlistment agreement provisions, his son requested that he be reclassified into a non-technical career field for a four-year TOE.  His son was promoted to E-3 based solely upon his college credits and ROTC service.  No bonus benefits amounting to $8,000 associated with a six-year TOE was paid.  

In further support of his request, applicant provided additional copies of his father’s letter to his commander and his enlistment documents (see Exhibit E).

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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 probable injustice.  It appears that the applicant elected to enlist for a period of six years primarily on the presumption that he would receive an increased enlistment bonus after successful completion of F-16 Avionics Systems Apprentice technical training.  After his failure to maintain academic standards, he was reclassified into a career field that no longer authorized him to receive the bonus.  While we agree with the Air Force office of primary responsibility that no error exists; after careful review of the evidence provided and the circumstances presented in this case, we believe that it is reasonable to favorably consider the applicant’s request as the most equitable compromise.  We note that he has received a benefit associated with his six-year enlistment in the form of advanced promotion to the grade of E-3.  Since the applicant is seeking a rollback of his TOE, it is our opinion that favorable consideration of his request should result in his forfeiture of the entitlement to early advancement in grade associated with his enlistment for 6 years.  Accordingly, his date of rank and effective date to that grade should be adjusted congruent to that of a four-year enlistment.  Therefore, we recommend that his records be corrected to the extent indicated below.

4.  As a separate matter, we note the applicant’s assertions concerning his father’s ill health.  There is no indication in the record that he has applied for a hardship discharge on this basis.  The applicant should be aware that this is an option available to him.  However, whether or not such a request is approved would be made by the appropriate deciding officials based on the pertinent provisions of the governing regulation and established Air Force policies.

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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:

	a.  On 2 February 2000, he enlisted in the Regular Air Force for a period of four (4) years rather than six (6) years.

	b.  He was promoted to the grade of airman first class (E-3) with a date of rank of 2 December 2000 rather than 17 March 2000; and, an effective date of 2 December 2000 rather than 4 August 2000.

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The following members of the Board considered this application in Executive Session on 1 May 00, under the provisions of AFI 36‑2603:

Panel Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 4 Jan 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 12 Mar 01.
     Exhibit D.  Letter, SAF/MIBR, dated 23 Mar 01.
     Exhibit E.  Letter, Applicant, dated 31 Mar 01, w/atchs.

                                  
                                  Panel Chair

AFBCMR 01-00184

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:

	a.  On 2 February 2000, he enlisted in the Regular Air Force for a period of four (4) years rather than six (6) years.

	b.  He was promoted to the grade of airman first class (E-3) with a date of rank of               2 December 2000 rather than 17 March 2000; and, an effective date of 2 December 2000 rather than 4 August 2000.