RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-02336

XXXXXXXXXXXXXX	COUNSEL: NONE 

  	HEARING: YES

APPLICANT REQUESTS THAT:

His reenlistment on 19 Jun 15 be backdated to 13 Apr 15, the date of his extension of enlistment.   

APPLICANT CONTENDS THAT:

His military personnel section (MPS) miscounseled him and his future advancement for career opportunities has been hindered.   

On 1 Apr 15, he was approved for retraining.  The MPS advised he needed to execute a 20-month extension to obtain retainability for the approved retraining.   Then around the end of May but no later than 3 Jun 15, he was notified his base of preference (BOP) assignment was approved and he needed additional retainability for the BOP assignment.  His extension took his date of separation (DOS) to 21 Nov 17 and with a report not later than date for his assignment of 10 Jan 16, he needed an additional 2 months retainability but was told he had to reenlist for the BOP assignment.  He asked to cancel his extension but was told it had been updated in the military personnel data system (MilPDS).  He requests the Board backdate his date of separation (DOS) to 13 Mar 19.   The applicant’s complete submission is at Exhibit A.  

STATEMENT OF FACTS:

The applicant is a staff sergeant in the Air Force.

On 13 Apr 15, the applicant extended his enlistment for 20 months for the purpose of retraining.

On 19 Jun 15, he reenlisted for 3 years and 29 months.  Per MILPDS, his DOS is 18 Nov 20.   For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SSM recommends denial.   The applicant did not require 2 months retainability for his BOP assignment as he states but was required to reenlist to accept the first term airman BOP.  The enhanced assignment consideration is in exchange for reenlisting if approved, rather than obtaining normal assignment retainability.  The BOP program is a key retention tool.  Many first term airmen obtain retainability to accept the retraining and shortly thereafter reenlist to accept a BOP assignment, which is line with normal Air Force policy.  His current DOS is 18 Nov 20 and his Zone B selective reenlistment bonus (SRB) will end on 21 Sep 19.  Although his specialty is on the current SRB list, there was no SRB authorized for any zone at the time he reenlisted for his BOP assignment in 2015.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 29 Jun 18 for comment (Exhibit D).  He states the advisory does not take into account he visited the MPS on multiple occasions when notified of retraining approval.  The SRB was also available last year.

AFI 36-2606, Reenlistment and Extension of Enlistment in the Air Force, paragraph 5.11.5 states he could cancel the extension for immediate reenlistment.  Paragraph 6.5 also states a cancellation may be requested to reenlist immediately due to unique and unusual circumstances or when other reasons for cancellation were not used and when fulfilling the extension would result in an injustice. This is an injustice as he tried to cancel his extension and reenlist but was not properly counseled on all options available to him.

He served his obligated time for his retraining and BOP concurrently, which should not be the case.  Yes, his BOP was approved but it was his seventh choice, the approval should not have made him serve two additional years on top of his contract date already established.  

He requests the Board backdate his reenlistment to his extension date and establish his DOS and expiration term of service (ETS) as 13 Mar 19.  He has found multiple cases in the AFBCMR webpage where the Board has overturned the decision of the Reenlistment Program Manager and requests the same be done in his case.  He hopes the Board will take into account he has served three years since his retraining and the active duty service commitment for the BOP and retraining are only two years.  The applicant’s complete response is at Exhibit E.  

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant states the Board has overturned the recommendation of the AFPC Reenlistment Program Manager in other cases and requests the same be done in his case; however, he has not provided any compelling evidence in support of his request.  Moreover, backdating his DOS/ETS to permit him to receive an SRB bonus essentially offers an incentive for a decision already made and provides a bonus for a period of service already served.  Therefore, the Board recommends against correcting the applicant’s records.

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 the Board’s understanding of the issues involved.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

The application was adjudicated without a personal appearance.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-02336 in Executive Session on 28 Aug 18:

 , Panel Chair
 , Panel Member
 , Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 6 Jun 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 10 Jul 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 29 Jun 18.
Exhibit E:  Applicant’s response, undated.  

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.