RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00906

XXXXXXXXX	COUNSEL: XXXXXX

	HEARING REQUESTED: NO

APPLICANT’S REQUEST

Her current reenlistment contract, DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, dated 13 Aug 21, be voided and her original date of separation (DOS) of Nov 23 and status as a First Term Airman be reinstated.

APPLICANT’S CONTENTIONS

She applied for base of preference in conjunction with retraining.  When the retraining was approved, she accepted an extension to her (then) current enlistment to satisfy the retainability requirements.  While at retraining, her base of preference (BOP) was approved, but required a reenlistment in order to accept it. She completed the AF Form 901, which guaranteed her BOP of Eglin Air Force Base (AFB), and then completed the DD Form 4 and reenlisted for a period of 4 years and 17 months.  Her spouse, applied for Join Spouse assignment in Jul 21, and in Sep 21 when an assignment had not been loaded for him, his leadership team began to work the issue.  On 14 Sep 21, she noticed that her BOP assignment to Eglin AFB had been changed to Maxwell AFB.  When she inquired as for the reason, she was informed that it was due to the inability to fulfill Join Spouse at Eglin AFB.  The only reason she reenlisted was for the guarantee of assignment to Eglin AFB, so she is requesting her reenlistment be declared void,  her DOS revert to her original DOS of Nov 23, and she retain her status as a First Term Airman.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is an Air Force staff sergeant (E-5).  

On 10 Feb 15, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant entered the Regular Air Force for a period of six years.

On 13 Feb 20, according to AF Form 1411, Extension of Enlistment in the Air Force, the applicant extended her current enlistment for a period of 24 months for the purpose of an assignment, establishing a DOS of 9 Feb 23.

On 5 Aug 21, according to documentation provided by the applicant, her AF Form 901, Reenlistment Eligibility Annex to DD Form 4, Section, IV, Reenlistment Agreement, Block A, states, Based upon written documentation, the following reenlistment guarantee is noted: Approved for base of preference (BOP) according to AFI 36-2110, Assignments, Eglin AFB, FL is annotated.  

On 13 Aug 21, according to documentation provided by the applicant, her DD Form 4, reflects she reenlisted in the Air Force for a period of 4 years and 17 months.

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

APPLICABLE AUTHORITY/GUIDANCE

AFI 36-2606, Reenlistment and Extension of Enlistment in the United States Air Force, 20 Sep 19 (Change 1, 17 Jan 21), Chapter 6, Extensions of Enlistment, paragraph 6.5.4, The Airman may request cancellation of extensions initiated according to Table 6.2, Rules 12 through 16, if the reason for the extension was cancelled, or no longer exist. Airmen must request cancellation no later than 30 calendar days following notification that the original reason for the extension was cancelled or no longer exists.

AFI 36-2606, Chapter 5, Reenlistments, 5.9, Erroneous Enlistment/Reenlistment Documents Returned for Correction. There are two types of erroneous reenlistment documents. The first consists of contractual errors made in violation of this publication, such as the reenlistment of ineligible Airmen or Airmen not issued a CJR (career job reservation). The second is administrative, involving typographical errors, strikeovers, misspellings, erroneous computation of required retainability or SRB, etc.

AIR FORCE EVALUATION

AFPC/DP2SSM recommends denying the application.   There is no evidence of an error or injustice.  Unlike enlistment extensions, a valid reenlistment cannot be cancelled.  The applicant reenlisted on 13 Aug 21 in order to meet the required retainability for her BOP assignment.  However, her assignment was diverted from her BOP, Eglin AFB, to Maxwell AFB, in order to support a “join spouse intent” to be co-located with her spouse, whose assignment to Eglin AFB could not be supported due to manning levels in his career field.  While she maintains that she had the retainability for the join spouse assignment and did not need to reenlist (her DOS at the time was 9 Feb 23), the join spouse assignment came with a 24 month retainability requirement and since her report no later than date was 30 Dec 21, she still would have needed to extend her enlistment by 10 months in order to meet this requirement.

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 13 Apr 22 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 not 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 does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.
RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.

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-2022-00906 in Executive Session on 31 May 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, w/atchs, dated 16 Feb 22.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP2SSM, dated 11 Apr 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 13 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.