RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02851 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be reinstated in the Air Force. _________________________________________________________________ APPLICANT CONTENDS THAT: He was miscounseled on his separation and reenlistment into the Air Force. His leave status was changed from terminal leave to an ordinary leave status. He reenlisted before he separated and then the reenlistment was declared erroneous, forcing him to separate. His household goods are in South Dakota; however, his home is in Hawaii. He has paid for his family to move and is willing to pay again. In support of his request, the applicant provides copies of personal statements, an e-mail from HQ AFPC/DPSOA, DD Form 4/1, Enlistment/Reenlistment Document – Armed Forces of the United States; AF IMTs 988, Leave Request Authorization, and letters of support. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 22 Jun 04, the applicant entered the Regular Air Force on a six-year enlistment. Available records reflect the applicant was on terminal leave and decided he wanted to stay in the Air Force rather than separate a week before his scheduled date of separation of 28 Jun 10. He contacted his losing base and was told he could return to his base, change his terminal leave to ordinary leave, and reenlist. He returned to the base, had his leave changed to ordinary leave, and reenlisted on 18 Jun 10. On 25 Jun 10, he was told his reenlistment contract was erroneous because he had already departed on terminal leave and had to continue to separation. AFI 36-2606, Reenlistments in the USAF, paragraph 3.5 states, “Airmen many not reenlist after departing their units of assignment on terminal leave for separation.” Available records reflect the applicant applied for a voluntary separation and was separated on 28 Jun 10 for completion of required active service. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSOA recommends approval of the applicant’s reinstatement based on him following bad guidance from the military personnel flight (MPF). The MPF should have forwarded the applicant’s request to AFPC for a decision. Since this was never done, the applicant was not provided the opportunity to withdraw his separation, which he was entitled to. Further, if the Board’s decision is to deny the applicant’s request, recommend the Board provide relief for personal expenses incurred due to the erroneous advice of the MPF. The applicant should only be reimbursed for those expenses incurred by him returning to his base as directed by the MPF and are fully supported by documentation he is responsible for providing. The complete HQ AFPC/DPSOA evaluation is at Exhibit C. HQ AFPC/DPSOS states they support DPSOA’s recommendation for approval based on the applicant not being provided the opportunity to request withdrawal of his separation request. The complete HQ AFPC/DPSOS evaluation is at Exhibit D. HQ AFPC/DPSIM states commanders are the approval authority for terminal leave and do not normally allow members to return to duty after leave begins. The applicant’s master military pay account (MMPA) reflects he was paid for seven days of leave on 28 Jun 09. In addition, his MMPA reflects that his terminal leave was cancelled for 19 Apr 10 to 21 Jun 10 and he was charged ordinary leave for 19 Apr 10 to 17 Jun 10. The applicant’s case only contains AF Forms 988, for ordinary leave from 19 Apr 10 to 17 Jun 10 and does not include an AF Form 988 confirming approval for terminal leave. The applicant has the burden of providing sufficient evidence of probable material error or injustice. There is insufficient evidence of probable material error or injustice by the Air Force. The complete HQ AFPC/DPSIM evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 4 Mar 11 for review and comment within 30 days (Exhibit F). As of this date, this office has not received a response. _________________________________________________________________ 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. Although the applicant had an approved voluntary separation, we note that while on terminal leave, he changed his mind and was allowed to reenlist based on erroneous information provided by his Military Personnel Flight. We further note the applicant’s request to withdraw his approved separation should have been elevated to the Air Force Personnel Center. However, since the applicant was denied this opportunity, we believe any doubt should be in his favor. Therefore, we recommend the records be corrected as 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. His 18 June 2010 reenlistment for four years was a valid reenlistment and he was ordered permanent change of station (PCS) to his home of record or home of selection pending further orders. b. He was not discharged from the Air Force on 28 June 2010 for completion of required service, but continued to serve on extended active duty. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2010-02851 in Executive Session on 30 March 2011, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered for Docket Number BC-2010-02851: Exhibit A. DD Form 149, dated 1 Jul 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSOA, dated 12 Nov 10. Exhibit D. Letter, HQ AFPC/DPSOS, dated 16 Nov 10. Exhibit E. Letter, HQ AFPC/DPSIM, dated 11 Jan 11. Exhibit F. Letter, SAF/MRBR, dated 4 Mar 11.