RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03879 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 4/1, Enlistment/Reenlistment Document – Armed Forces of the United States, dated 8 Oct 2007 be declared void. 2. His records be updated to reflect a 3 Jan 2008 reenlistment date for six years with a Zone C, multiple 4.5 Selective Reenlistment Bonus (SRB). ________________________________________________________________ APPLICANT CONTENDS THAT: The Military Personnel Flight (MPF) reenlistment office altered his DD Form 4/1 to reflect 8 Oct 2007 instead of the date he reenlisted (1 Oct 2007). Reenlistment documentation errors, improper discharge, SRB and leave sell back were not executed per AFI 36-2606, Reenlistments in the United States Air Force, dated 21 Nov 2001, which was in effect at the time of his reenlistment. He would have annotated the actual date change if he was provided the AF IMT 901, Reenlistment Eligibility Annex to DD Form 4. He was verbally directed to write in the date change on the DD FORM 4/2, section 18B and 19F, which he did. On 28 Jun 2007, he completed his initial reenlistment paperwork for a four year and three month reenlistment. This reenlistment was pre-arranged so that he would reenlist three months prior to his 7 Jan 2008 ETS. The reenlistment included selling 60 days of leave no earlier than 8 Oct 2007, as required by law. The discharge date was established for 7 Oct 2007. In Jul 2007, he discovered multiple errors on his Leave and Earnings Statement (LES). MPF advised him to reenlist as soon as possible. They said they could clear up the problem and proceed with releasing the monies assigned against the erroneous “12 Jul 2007” reenlistment. In Sep 2007, he received final instructions from the reenlistment office on how to properly reflect the new date of reenlistment from 8 Oct 2007 to 1 Oct 2007. They advised him to line out the day, “08” and write in “01” in blocks 18B and 19F on the DD FORM 4/2. On 1 Oct 2007, with great reservations, he reenlisted. After viewing the Military Personnel Data System (MilPDS), he discovered a key discrepancy on the DD FORM 4/2. The dates were altered from 1 Oct 2007 to read 8 Oct 2007. In Feb 2011 the MPF advised him they were unable to provide him with an answer. Their assessment was it would be AFPC's decision to determine which way to proceed. In support of his request, the applicant provides a summary of facts, Active Duty Enlisted Data Verification Brief, copies of his AF IMT 901, Reenlistment Eligibility Annex to DD Form 4; DD Form 4/1, AF Form 1089 Leave Settlement Option; DD Form 160, Request and Authorization for TDY Travel of DoD Personnel; DD Form 1351-2, Travel Voucher or Subvoucher, and a Memorandum from the reenlistment officiating officer. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of senior master sergeant (E-8). His Total Active Federal Military Service Date (TAFMSD) is 4 Jan 1994. On 8 Oct 2007, his AF IMT 901, reflects he reenlisted and was paid a Zone C multiple 4.5, SRB for four years and three months of continued service in the (J1C271) combat control career field. On 11 Mar 2010, the applicant extended his enlistment to transfer his GI Bill Education Benefits for 25 months and his current Date of Separation (DOS) is 7 Feb 2014. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOA recommends the Board declare the applicant’s 8 Oct 2007 reenlistment contract valid in which all documentation in the applicant’s records remain unchanged. DPSOA states this date supports both the applicant’s original intentions and Air Force policy and does not adversely affect the applicant. The applicant states he discovered the error on 23 Nov 2010, however, he signed/verified his Transfer of Education Benefits (TEB) extension paper work on 11 Mar 2010 which identified his reenlistment date as 8 Oct 2007 with corresponding four year and three month DOS set as 7 Jan 2012. Prior to 14 Dec 2007, airmen could only be paid up to 16 years of service, as identified on the AF Form 901, block D, dated 28 Jun 2007, initialed and signed by the applicant. What the applicant does not state in his request is the guidance governing SRBs changed on 15 Dec 2007 to pay the SRB up to 24 years of service. The applicant was not required to reenlist until his DOS of 3 Jan 2008, but chose to reenlist while deployed and receive his SRB and sell 60 days of leave tax free. The 3 Jan 2008, six year reenlistment the applicant is requesting will entitle him to six years of SRB and the repayment of 60 days leave at a higher base pay based on the end of year raise. These entitlements will be tax free since the applicant was also deployed in Jan 2008. Although the applicant states he was directed to change his reenlistment date to 1 Oct 2007, the Air Force does not select or direct reenlistment dates. It has been over four years since his reenlistment and it is unclear at this point how the reenlistment date on his official contract was changed and how MILPDS ended up with an 8 Oct 2007 date. The applicant knew his reenlistment date was 8 Oct 2007 and his DOS was established from this date as early as Mar 2010 when he applied for TEB. Additionally, the applicant provided a Case Management System case initiated from DFAS. The problem was the applicant's DOS/ETS was 7 Dec 2011 in DFAS system and 7 Jan 2012 in MILPDS (which coincides with the 8 Oct 2007 reenlistment for four years and three months); the 8 Oct 2007 reenlistment date was verified from his contract located in his military personnel record and the DFAS system was changed from 7 Dec 2011 to 7 Jan 2012. According to DFAS, the applicant was notified of this action on his Feb-Mar 2008 LES. The applicant is questioning the validity of his reenlistment contract since 1 Oct 2007 was outside of the Air Force's 90 day reenlistment policy. However, up to this point the Air Force understood the reenlistment date to be 8 Oct 2007 (which is in- line with AF reenlistment policy) and the applicant used the same date of reenlistment to execute TEB retainability. The applicant reenlisted with the intention of being paid a SRB for up to 16 years of service and to sell 60 days of leave. He was paid for both entitlements at a tax free rate. The complete DPSOA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 29 Dec 2011 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered Docket number BC- 2011-03879 in Executive Session on 19 Apr 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 19 Sep 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 16 Dec 2011 Exhibit D. Letter, SAF/MRBR, dated 29 Dec 2011.