RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-01147

						COUNSEL:  NONE

						HEARING DESIRED:  YES

APPLICANT REQUESTS THAT:

His date for retirement from the North Carolina Air National Guard (NC ANG) be changed from 5 Jan 13 to 10 Jan 13.

APPLICANT CONTENDS THAT:

His retirement from the NC ANG was scheduled erroneously due to a prior enlistment which threw his dates off by five days.  Had he been aware of this he would have requested an extension.  Due to this error he is ineligible for state retirement benefits.

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

STATEMENT OF FACTS:

On 10 Jan 98, the applicant enlisted in the NC ANG for six years with an Expiration Term of Service (ETS) of 9 Jan 04.

On 8 Jan 03, he extended his enlistment for three years, with an ETS of 9 Jan 07.

On 4 Jan 13, the applicant was honorably discharged from the NC ANG and transferred Retired Reserve effective 5 Jan 13.

The remaining relevant facts pertaining to this application are described in the memoranda prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit B.

AIR FORCE EVALUATION:

NGB/A1PP recommends approval.  The applicant applied for retirement and in his application he stated, “I am retiring on my Expiration Term of Service (ETS) on 5 Jan 13.”  The applicant provided copies of his DD Form 4, Enlistment/Reenlistment Document, for his enlistments on 10 Jan 98 and 6 Jan 07.  NGB/A1PP was able to locate a copy of his extension, NGB Form 66, Extension of Enlistment in the Air National Guard, dated 8 Dec 03.  However, a copy of his DD Form 4 for his final reenlistment was not provided.

According to ANGI 36-2002, Enlistment and Reenlistment in the Air National Guard and as a Reserve of the Air Force, an airman who is reenlisting within 30 days or less prior to ETS then reenlist for a period requested by the member and approved by the unit commander.  The effective date of reenlistment will occur the next day after current ETS.  An airman who is reenlisting within 31 to 90 days prior to ETS then reenlist for a period requested by the member and approved by the unit commander.  The effective date will occur on the date of the reenlistment. 

Without a copy of applicant’s DD Form 4 for his final reenlistment, NGB/A1PP cannot determine when he reenlisted and therefore calculate his ETS, based the governing AFI.  Although NGB/A1PP cannot determine how the applicant’s ETS was calculated, it seems reasonable that it was an error on the part of the Force Support Squadron because the member would not have willingly chosen to retire on a date that was short of his actual ETS.  Therefore, NGB/A1PP recommends the applicant’s retirement date be changed to reflect 10 Jan 13.

A complete copy of the NGB/A1PP 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 11 Apr 16, for review and comment within 30 days (Exhibit C).  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 an error or injustice.  We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 9 January 2013, he was honorably discharged from the North Carolina Air National Guard and transferred to the Retired Reserve effective 10 January 2013.

The following members of the Board considered AFBCMR Docket Number BC-2015-01147 in Executive Session on 24 May 16, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01147 was considered:

	Exhibit A.  DD Form 149, dated 10 Mar 15, w/atchs.
	Exhibit B.  Memorandum, NGB/A1PP, dated 30 Mar 16, w/atchs.
	Exhibit C.  Letter, SAF/MRBR, dated 11 Apr 16.