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AF | BCMR | CY2000 | 0100184
Original file (0100184.doc) Auto-classification: Approved


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-00184
            INDEX CODE:  100.03
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His term of enlistment (TOE) be changed from six years to four years.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was allured into enlisting for six years  in  his  guaranteed  specialty,
2A332, F-16 Avionics Systems Apprentice, along with an enlistment  bonus  as
a monetary benefit.  His specialty was changed to 2S031, Supply  Apprentice.
  In  addition  his  father  is  ailing  in  health  and  he  has  a   moral
responsibility for family care due to his father’s worsening condition.

In support of his request applicant provided a letter  from  his  father  to
his  former  commander;  a  copy  of  his  DD   Forms   4/1   through   4/3,
Enlistment/Reenlistment  Documents;  AF  Form  3007,   Guaranteed   Training
Enlistment Agreement; and,  AF  Form  3008,  Supplement  to  AF  Form  3007.
Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  2
Feb 00, for a period of six years,  in  the  grade  of  airman  (E-2).   The
applicant was a guaranteed training enlistee for  assignment  to  Air  Force
Specialty (AFS) 2A332 - Avionics Systems Apprentice.   He  was  promoted  to
the grade of airman first class (E-3), effective 4 Aug 00, with  a  date  of
rank of 17 Mar 00.  Effective 14 Dec 00, he was  assigned  to  duty  in  AFS
2S031 (Receiving Journeyman).

_________________________________________________________________

AIR FORCE EVALUATION:

The Special Programs and AFBCMR Manager,  AFPC/DPPAE,  reviewed  applicant’s
request and recommends denial.  DPPAE states that the applicant  elected  to
serve a six-year TOE in order to receive advance promotion to the  grade  of
airman first class (E-3), and an increased initial  enlistment  bonus.   Due
to his failure to maintain academic standards, not failure by the Air  Force
to honor its contractual agreement, he  was  reclassified  into  the  Supply
career field.  The Air Force has no contractual  obligation  to  change  his
TOE.  He has not proven that he was misled into  electing  a  six-year  TOE.
As outlined in his enlistment contract, he  was  promoted  to  E-3  and  has
received all pay/benefits associated with a six-year TOE (see Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant’s father responded to the advisory and states  that  he  initially
approached the local Air Force Recruiter regarding  the  enlistment  of  his
son for a four-year TOE.  There was no discussion of a  six-year  TOE.   His
son was allured into  enlisting  for  a  six-year  term  as  an  inescapable
necessity that entitled him to an  increased  enlistment  bonus  of  $8,000.
While in technical training his son was subjected  to  continued  harassment
and racial slurs by  his  classmates,  which  resulted  in  his  failure  to
achieve academic standards.  In  accordance  with  the  existing  enlistment
agreement provisions, his son requested that he be reclassified into a  non-
technical career field for a four-year TOE.  His son  was  promoted  to  E-3
based solely upon his college credits and ROTC service.  No  bonus  benefits
amounting to $8,000 associated with a six-year TOE was paid.

In further support of his request, applicant provided additional  copies  of
his father’s letter to his  commander  and  his  enlistment  documents  (see
Exhibit E).

_________________________________________________________________

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 probable injustice.  It appears that the applicant  elected  to
enlist for a period of six years primarily on the presumption that he  would
receive an increased enlistment bonus after successful  completion  of  F-16
Avionics Systems  Apprentice  technical  training.   After  his  failure  to
maintain academic standards, he was reclassified into a  career  field  that
no longer authorized him to receive the bonus.  While we agree with the  Air
Force office of primary responsibility that no error exists;  after  careful
review of the evidence provided and  the  circumstances  presented  in  this
case,  we  believe  that  it  is  reasonable  to  favorably   consider   the
applicant’s request as the most equitable compromise.  We note that  he  has
received a benefit associated with his six-year enlistment in  the  form  of
advanced promotion to the grade of E-3.  Since the applicant  is  seeking  a
rollback of his TOE, it is our opinion that favorable consideration  of  his
request should  result  in  his  forfeiture  of  the  entitlement  to  early
advancement  in  grade  associated  with  his  enlistment   for   6   years.
Accordingly, his date of rank and effective date to  that  grade  should  be
adjusted congruent  to  that  of  a  four-year  enlistment.   Therefore,  we
recommend that his records be corrected to the extent indicated below.

4.  As a separate matter, we note the applicant’s assertions concerning  his
father’s ill health.  There is no indication  in  the  record  that  he  has
applied for a hardship discharge on this basis.   The  applicant  should  be
aware that this is an option available to  him.   However,  whether  or  not
such a request is  approved  would  be  made  by  the  appropriate  deciding
officials based on the pertinent provisions of the governing regulation  and
established Air Force policies.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

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

      a.  On 2 February 2000, he enlisted in the Regular  Air  Force  for  a
period of four (4) years rather than six (6) years.

      b.  He was promoted to the grade of airman first class  (E-3)  with  a
date of rank of  2  December  2000  rather  than  17  March  2000;  and,  an
effective date of 2 December 2000 rather than 4 August 2000.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 1 May 00, under the provisions of AFI 36-2603:

      Mr. Robert W. Zook, Panel Chair
      Ms. Brenda Romine, Member
      Ms. Marcia J. Bachman, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:


     Exhibit A.  DD Form 149, dated 4 Jan 01, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, dated 12 Mar 01.
     Exhibit D.  Letter, SAF/MIBR, dated 23 Mar 01.
     Exhibit E.  Letter, Applicant, dated 31 Mar 01, w/atchs.




                                  ROBERT W. ZOOK
                                  Panel Chair

AFBCMR 01-00184




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

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

      a.  On 2 February 2000, he enlisted in the Regular Air Force for a
period of four (4) years rather than six (6) years.

      b.  He was promoted to the grade of airman first class (E-3) with a
date of rank of               2 December 2000 rather than 17 March 2000;
and, an effective date of 2 December 2000 rather than 4 August 2000.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency

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