RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00161

XXXXXXXXXXXXXX	COUNSEL: XXXXXX
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

His initial enlistment contract date of separation (DOS) be reinstated to reflect 1 Jan 23.

APPLICANT’S CONTENTIONS

On 22 Sep 21, in order to obtain retainability for a joint-spouse assignment, he requested and was approved for an 11 month extension to his DOS.  Due to a change in his personal circumstances, he requested cancellation of his pending joint-spouse assignment with his local military personnel office and was informed that once his assignment was officially cancelled, his enlistment extension would also be cancelled.  His joint-spouse assignment was officially cancelled on 25 Oct 21 and he has recently noticed that his DOS reflects the date established by his extension and not the date established by his initial enlistment contract.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Regular Air Force senior airman (E-3).

On 2 Jan 19, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant entered the Regular Air Force for period of 4 years and established an Expiration Term of Service (ETS) and DOS of 1 Jan 23.

On 22 Sep 21, according to AF Form 1411, Extension of Enlistment in the Air Force, the applicant  requested a 11 month extension to his current enlistment for the purpose of assignment and acknowledged Block III, Extension Counseling.  This established a new DOS of 1 Dec 23.

According to Special Order AP-XXXXX, dated 7 Oct 21, the applicant was issued permanent change of station orders from XXXX AFB, TX to XXX AFB, NV for purpose of a joint-spouse assignment with a report no later than date of 31 Dec 21.

According to his Airman Personnel Brief, dated 15 Mar 22, his current duty station is XXXX, .  His DOS is 1 Dec 23.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION

AFPC/DP2SSP recommends denying the application.  Based upon analysis of the facts and documentation provided by the applicant, there is no evidence of an error or injustice.  The applicant requested an 11 month extension to his current enlistment to obtain retainability for assignment.  On 28 Sep 21, his extension was approved which in turn changed his DOS from 1 Jan 23 to 1 Dec 23.  On 25 Oct 21, per the applicant’s request, his pending assignment was cancelled.   Per Section III (Extension Counseling) of the AF Form 1411, Extension of Enlistment, of which he certified he was counseled on, he then had 30 calendar day time limit to request his 11 month extension be terminated.

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 7 Mar 22 for comment (Exhibit  D), and the applicant replied on 1 Apr 22  In his response, he provides a timeline of events, and stresses that he only extended for the purpose of a joint-spouse assignment, which due to divorce, was cancelled.  He respectfully requests the Board consider his personal circumstances and revert his DOS back to that of his initial enlistment contract.

The applicant’s response is at Exhibit E.

On 5 Apr 22, the applicant provided an additional response, via memorandum from the base’s NCOIC, Career Development.  The memorandum states on 30 Sep 21 the applicant attempted to cancel his assignment by signing the AF Form 964, PCS, TDY, Deployment, Or Training Declination Statement.  When updating his information and upon realizing that the AF Form 964 would not work for his situation, they called the applicant and briefed him that in order to cancel the extension, the reason for the extension would have to no longer exist.  However, they did not inform him that the AF Form 964, that he signed that morning, was not the correct form to cancel the extension and he was left under the impression that he had completed all the necessary paperwork.

The applicant’s additional response is at Exhibit F.

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.  While the Board notes the recommendation of AFPC/DP2SSP against correcting the record, the Board finds a preponderance of the evidence substantiates the applicant’s contentions.  The Board took note of the NCOIC, Military Personnel Flight memorandum which confirms the applicant attempted to cancel his assignment but was provided the incorrect form to authorize the cancellation.  Due to no fault of the applicant, he was under the impression he had completed all the necessary paperwork to cancel his extension within the 30 calendar time limit.  Therefore, the Board recommends correcting the applicant’s records as indicated below.

RECOMMENDATION

The pertinent military records of the Department of the Air Force as it pertains to the applicant be corrected to reflect his 11 month extension entered into on 22 September 2021 be cancelled and his original Expiration Term of Service and his Date of Separation be reestablished as 1 January 2023.

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-2022-00161 in Executive Session on 19 Apr 22:

, Panel Chair	
, Panel Member	
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, dated 21 Jan 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSM, dated 28 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 7 Mar 22.
Exhibit E:  Applicant’s Response, dated 1 Apr 22.
Exhibit F:  Applicant’s Additional Response, 5 Apr 22.

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.