RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03088
		INDEX CODE:  112.07
		COUNSEL:  NONE

		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The six (6) year term of enlistment (TOE) be changed to four (4) years.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was guaranteed a career field and bonus for a 6-year enlistment.  However, he did not complete the required technical school and therefore, was not entitled to the bonus or the guaranteed job.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant currently serves in the grade of Airman First Class and is stationed at Seymour Johnson AFB.  He enlisted in the Regular Air Force on 23 July 2002 to serve in the guaranteed Heating, Vent, Air Conditioning Refrigeration career field.  He elected to serve a six-year TOE, advanced promotion to E-3, and an increased initial enlistment bonus.  Due to his failure to maintain academic standards, he was reclassified into the Computer System Program career field.

________________________________________________________________

AIR FORCE EVALUATION:

DPPAE recommends the applicant’s request be denied.  The applicant was reclassified for academic reasons into 3C0X2, which does have a six-year TOE option.  The applicant did not achieve the apprentice skill level in the Heating, Vent, Air Conditioning Refrigeration career field due to his failure to maintain academic standards and not failure by the Air Force to honor its contractual agreement.  The Air Force has no contractual obligation to change the applicant’s TOE.  As outlined in his enlistment contract, the applicant was promoted early to E-3 and has received all pay/benefits associated with a six-year TOE.

The DPPAE evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 19 Dec 03, for review and comment within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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 Heating, Vent, Air Conditioning Refrigeration 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 some form of relief is justified.  Since the applicant is seeking a rollback of his TOE, this action will result in adjustment of his effective and date of rank to the grade of airman-first-class.  This action will also result in the applicant incurring an indebtedness of approximately $1,240.  Applicant agrees with the adjustments and is willing to repay the monies involved (see email at Exhibit D).  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.

_________________________________________________________________

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 31 July 2002, 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 31 January 2003, rather than 27 September 2002; and, an effective date of 31 January 2003, rather than 14 February 2003.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2003-03088 in Executive Session on 3 February 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 10 Sep 03.
	Exhibit B.	Letter, AFPC/DPPAE, dated 14 Nov 03.
	Exhibit C.	Letter, SAF/MRBR, dated 19 Dec 03.

	
	
BC-2003-03088

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 	, be corrected to show that:

		a.  On 31 July 2002, 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 1 December 2003, rather than 27 September 2002; and, an effective date of 1 December 2003, rather than 14 February 2003.