RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2020-00600

XXXXXXXX	COUNSEL: NONE
	
	HEARING REQUESTED: YES

APPLICANT’S REQUEST

1.  His 19 month extension, requested on 21 Aug 19, to be voided, and replaced with a 4 year and 16 month reenlistment on the same date, with entitlement to a zone B multiple 4.0 Selective Reenlistment Bonus (SRB) for 4 years, in Air Force Specialty Code (AFSC) 1B471.  

2.  In the alternative, he be allowed a 5 year enlistment and a corresponding SRB.

APPLICANT’S CONTENTIONS

He was misinformed by career development personnel and subsequently missed out on a bonus of at least $15,000.  He was advised by his military personnel flight he could cancel his 19 month extension and reenlist in Jan 20, without the 19 months counting as obligated service.

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

STATEMENT OF FACTS

The applicant is currently serving as a technical sergeant (E-6) in the Regular Air Force.

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 granting the application.  The applicant received an involuntary command leveling assignment in May 19 with reporting in Nov 19.  He was approved for the High School Senior Assignment Deferment (HSSAD) program (assignment deferment until Jul 20) and wanted the command leveling assignment to be cancelled.  However, since he was still needed at the gaining location, his reporting was changed to 15 Jul 20 and the command leveling assignment remained firm.  The applicant’s Date of Separation (DOS) and Expiration Term of Service (ETS) was 2 Jan 21, so he needed an 18 month extension to obtain the 2 years of retainability required for the assignment.  On 21 Aug 19, the applicant initiated an extension for 19 months to obtain the required assignment retainability; the extension should have only been for 18 months.  The 19 month extension changed his 2 Jan 21 DOS to 2 Aug 22, and his ETS will remain 2 Jan 21 until he enters the extension on 3 Jan 21 and then it changes to match the 2 Aug 22 DOS.  Although the applicant was erroneously allowed to reenlist on 24 Jan 20 for 3 years and 30 months with a zone C multiple 4.0 SRB, he was not eligible to reenlist at that time as he was not within the required 90 days of his ETS (2 Jan 21) or have a service directed reason to reenlist (retainability requirement) as he had already extended for the assignment retainability.

While the applicant contends he was told he could cancel the extension and reenlist in Jan 20, he provides no proof of miscounseling.  All of the appropriate extension counseling blocks on AF Form 1411, Extension, or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF)/Air Force Reserve (AF Reserve)/Air National Guard, Section III (Extension Counseling) were checked that included when and why the extension could be cancelled.  However, AF Form 1411, Section V (Additional Extension Counseling) notifies the applicant he was eligible to extend between 36 and 48 months and receive the SRB for the number of months selected, was not marked, and clearly shows documentation of counseling of this option did not occur as required.  AFPC recommended correcting his 19 month extension for a period of 48 months and include entitlement to a zone C multiple 4.0 SRB for the 48 months (same entitlement requested of 4 years), and to void the 24 Jan 20 reenlistment, based on the applicant not being advised he could extend between 36 and 48 months to receive the SRB, even though he only needed 18 for assignment retainability.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 8 Jun 20 for comment (Exhibit D), but has received no response.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SSM and finds a preponderance of the evidence substantiates the applicant’s contentions.  AF Form 1411 clearly shows documentation of counseling did not occur as required.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

4.  The applicant has not shown a personal appearance, with or without counsel, would materially add to the Board’s understanding of the issues involved.

RECOMMENDATION

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show:

a.  His extension, initiated on 21 Aug 19, be extended for a period of 48 months and include entitlement to a zone C multiple 4.0 SRB for the 48 months. 

b.  His reenlistment, effective 24 Jan 20, be void and removed from his records.

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-2020-00600 in Executive Session on 23 Jul 20:

, Panel Chair
, Panel Member
, Panel Member

All members voted to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 18 Feb 20.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SSM, dated 5 Jun 20.
Exhibit D:	Notification of advisory, SAF/MRBC to applicant, dated 8 Jun 20.

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