RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03735 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His initial Term of Enlistment (TOE) be reduced from 6 years to 4 years. APPLICANT CONTENDS THAT: His recruiter failed to bring his college transcripts with him to the Military Entrance Processing Station (MEPS) when he enlisted; therefore, he could not enlist in the rank of Airman First Class (A1C, E-3). Personnel working that day altered his enlistment contract and told him to have it corrected at Basic Military Training (BMT). When the corrections were made at BMT, the rank was corrected from Airman Basic (E-1) to A1C; however no correction was made to his TOE and it remained at 6 years. In 2012, his supervisor provided the required documents to the Force Support Squadron to make the final correction and his TOE was changed from 6 years to 4 years. However, the individual making the correction used the original form, which was destroyed, and not the previously corrected form. In support of his request, the applicant provides copies of his AF Form 3005, Guaranteed Aptitude Area Enlistment Agreement Non- prior Service – United States Air Force; AF Form 3008, Supplement to Enlistment Agreement – United States Air Force; DD Form 1966, Record of Military Processing – Armed Forces of the United States and DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 2 August 2010, the applicant signed DD Form 1966, Item 32 “Specific Option/Program Enlisted for, Military Skill or Assignment to Geographical Area Guarantees,” which contained the handwritten entry “E-3/4yrs” and initialed by the applicant. On 3 August 2010, the applicant enlisted into the Delayed Entry/Enlistment Program via DD Form 4/1 in the pay grade of E- 3 for a period of 4 years. On 3 August 2010, the applicant completed AF Form 3005, and agreed that he was enlisting in the Regular Air Force in the pay grade of E-3 for a period of 4 years. On 11 January 2011, his DD Form 1966, Item 34 “Recertification by Applicant and Correction of Data at the Time of Active Duty Entry,” was updated to read “Item 32 changed 3D031, 6yrs, E-1.” The DD Form 4/3, dated 11 January 2011, reflects the applicant was discharged from the Delayed Entry/Enlistment Program and enlisted in the Regular Air Force for a period of 6 years in the pay grade of E-1. A corrected copy of DD Form 4/3 changed his pay grade from E- 1 to E-3. A notation was entered in Section H, “Confirmation of Enlistment or Reenlistment,” which reflects “11 March 11 Corrected Rank SSgt T-- 737 TRSS.” On 11 January 2011, AF Form 3007, Guaranteed Training Enlistment Agreement Non-Prior Service – United States Air Force, Item “A” was crossed-out and the applicant initialed Item “B” which reflects “Six-Year Enlistment. I am enlisting in the Regular Air Force in pay grade E-1.” The AF Form 3007 was later altered when the pay grade in Item “B” was changed from E-1 to E-3 and initialed by “AT.” In addition a notation was entered to reflect “11 March 11 Corrected Rank SSgt T-- 737 TRSS.” On 11 January 2011, AF Form 3008, items A-D were crossed-out and initialed by the applicant. Item E reflects “Pay Grade E-1.” Additionally, Item “E” reflects “I am enlisting in the Regular Air Force in the pay grade E-1 for 6 years of active duty.” The AF Form 3008, was later altered when Item “E” was changed from E-1 to E-3 and initialed by “AT.” In addition, a notation was entered to reflect “11 March 11 Corrected Rank SSgt T-- 737 TRSS.” In accordance with AFRSI 36-2001, Recruiting Procedures for the Air Force, Table 2.1., members who have satisfactorily completed 45 semester hours or 67 quarter hours of credit from an accredited, degree-granting institution listed in the applicable Accredited Institutions of Post-Secondary Education (AIPE) directory for last year attended will enlist under the pay grade E-3/A1C. AFRSI 36-2001, defines an Associate’s Degree as a certificate conferred on completion of a 2-year program at a junior college, university, or technical institute (listed in the AIPE for the last year attended). The Department of Education further defines an associate’s degree as “An award that requires completion of an organized program of study of at least 2 but less than 4 years of full-time academic study or more than 60, but less than 120 semester credit hours.” The applicant’s DD Form 1966, Item 12, Education (highest grade completed) reflects “14D, Associate Degree (Tier 1).” AIR FORCE EVALUATION: AFPC/DPSIP recommends denial. The applicant voluntarily signed the AF Form 4/3, which changed his TOE from 4 to 6 years. The AF Form 3008 clearly spelled-out the terms of the enlistment and the applicant accepted those terms that he would enlist in the Regular Air Force in the pay grade of E-1 for a period of 6 years. Changing the TOE is not an option listed on his enlistment documents. The complete DPSIP evaluation is at Exhibit C. APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 10 January 2014, a copy of the Air Force evaluation was forwarded to the applicant 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 timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting relief. We note the recommendation of the Air Force office of primary responsibility to deny the requested relief; however we disagree. In this respect, we note that in accordance with AFRSI 36-2001, “members who have satisfactorily completed 45 semester hours or 67 quarter hours of credit from an accredited, degree-granting institution will enlist under the pay grade E-3/A1C.” The purpose of a military member submitting college transcripts is to determine pay grade only. There is no requirement that applies to TOE based upon college credits. The applicant’s records reflect that he graduated with an associate’s degree from an accredited, degree-granting institution. However, the applicant contends that his recruiter failed to bring his college transcripts with him to the MEPS when he enlisted. Therefore, the rank on his enlistment documents was changed from E-3 to E-1 and his TOE was changed from 4 years to 6 years. In accordance with AFRSI 36-2001, “Documents presented after completion of BMT may not be used as a basis for changing the authorized enlistment grade except through application forwarded by the member’s Military Personnel Squadron (MPS) to HQ AFPC Enlisted Accessions with statement of justification and supporting documents.” It appears that sometime after his enlistment, the applicant's transcripts were provided to his MPS and while his rank was corrected on AF Forms 3007/8, his TOE was not adjusted. The applicant met the requirements for enlistment to a higher grade based on his education. Therefore, we find no basis to question the applicant's account in this matter and do not find it reasonable that he would have knowingly elected not to enlist at the higher grade as indicated on his initial enlistment documents. Further, we find it plausible that the correction of his TOE was inadvertently excluded when his enlistment grade was corrected. Therefore, in view of the above, we recommend his records be corrected as set forth below. THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 11 January 2011, he enlisted in the Regular Air Force for a period of 4 years, rather than 6 years. The following members of the Board considered this application in Executive Session on 27 May 2014, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the record as recommended. The following documentary evidence was considered in AFBCMR BC-2013- 03735: Exhibit A. DD Form 149, dated 29 July 2013, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letters, AFPC/DPSIP, dated 7 November 2013. Exhibit D. Letter, SAF/MRBR, dated 10 January 2014.