RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-00641
		INDEX NUMBER:  121.00
	XXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be made eligible for 30 days of nonchargeable leave under the Overseas Tour Extension Incentive Program (OTEIP).

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APPLICANT CONTENDS THAT:

He signed a contract that specifically identified him as eligible for the OTEIP and he requested 30 days of nonchargeable leave.

In support of his appeal, applicant provides a copy of the form he signed and a response to a Congressional Inquiry regarding his eligibility for the OTEIP.

The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is presently serving on active duty in the grade of staff sergeant.  The remaining facts relevant to this case are contained in the evaluation prepared by the appropriate office of the Air Force found at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPAPP1 recommends denial of the applicant’s request.

The purpose of the OTEIP is to save permanent change of station (PCS) funds by providing specific incentives, as authorized by Congress and the Secretary of the Air force (SAF), to airmen in certain skills who extend their overseas tour by 12 months.  To be eligible, airmen must be serving in either a Control Air Force Specialty Code (CAFSC) designated by the SAF or be serving in a short tour location where all AFSCs are eligible.

The applicant’s AFSC is not, nor has it ever been, eligible for OTEIP.  The form he signed was a product generated by his squadron versus the required form produced by the Personnel Concept III system (PC III), a component of the Air Force personnel system.  Only those members eligible for OTEIP receive the options generated on a PC III product.  The form the applicant signed was a request for a voluntary DEROS extension and not a binding contract.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant indicates that the reasons given for the breach of contract are absurd.  The applicant states that he is not asking to be made eligible for the OTEIP benefits, rather that the Air Force honor the contract it gave him, which states in no uncertain terms that he is already eligible for the benefits.  He is demanding that a written contract that he signed and has kept his part of be honored.  He states that the contract is not vague and does not allow for interpretive license, but explicit.  He states that the contract was obviously valid enough to keep him overseas, as he has almost completed his extension year.  If AFPC is now insisting that he was not eligible for the OTEIP benefits, why did they not insist that another contract be given to him before his time overseas was extended?  It is simply too late now.  He was never offered another “valid” contract despite the claims that he was never eligible.

The applicant’s complete response, with attachments, is at 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 error or injustice.  After reviewing the complete evidence of record, the Board was persuaded that the applicant signed the form to extend his overseas tour with the belief that he would receive 30 days of nonchargeable leave.  It appears that the applicant was offered this entitlement in error.  However, it also appears that the leave entitlement was the main reason that he decided to extend his overseas tour.  Although the form that the applicant signed is not the official document prescribed by the Air Force for this purpose, personnel assigned within his unit to process personnel actions provided the form to him.  As such, we believe that the procedures in place at the time were inadequate to preclude a situation such as that experienced by the applicant.  We note that the Air Force office of primary responsibility has advised that they are directing local units to stop the use of locally generated forms such as that signed by the applicant.  Since the applicant has already served a major part of his extension, we believe to deny him eligibility for the 30 days of nonchargeable leave at this point would constitute an injustice and undermine the image of the Air Force.  Therefore, we recommend that the applicant’s records be corrected as 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, as an exception to policy, competent authority determined that he was eligible for 30 days of nonchargeable leave under the Overseas Tour Extension Incentive Program (OTEIP) based on the extension of his overseas tour in July 2001.

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The following members of the Board considered Docket Number BC-2003-00641 in Executive Session on 21 May 2003, 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 12 Feb 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPAPP1, dated 17 Mar 03.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 03.
     Exhibit E.  Memorandum, Applicant, dated 9 May 03.

                                   
                                   Panel Chair

AFBCMR BC-2003-00641

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 XXXXXXXXXX, XXX-XX-XXXX, be corrected to show that as an exception to policy, competent authority determined that he was eligible for 30 days of nonchargeable leave under the Overseas Tour Extension Incentive Program (OTEIP) based on the extension of his overseas tour in July 2001.

		
		Director
		Air Force Review Boards Agency