RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03088
INDEX CODE: 112.07
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The six (6) year term of enlistment (TOE) be changed to four (4)
years.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was guaranteed a career field and bonus for a 6-year enlistment.
However, he did not complete the required technical school and
therefore, was not entitled to the bonus or the guaranteed job.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant currently serves in the grade of Airman First Class and
is stationed at Seymour Johnson AFB. He enlisted in the Regular Air
Force on 23 July 2002 to serve in the guaranteed Heating, Vent, Air
Conditioning Refrigeration career field. He elected to serve a six-
year TOE, advanced promotion to E-3, and an increased initial
enlistment bonus. Due to his failure to maintain academic standards,
he was reclassified into the Computer System Program career field.
________________________________________________________________
AIR FORCE EVALUATION:
DPPAE recommends the applicant’s request be denied. The applicant was
reclassified for academic reasons into 3C0X2, which does have a six-
year TOE option. The applicant did not achieve the apprentice skill
level in the Heating, Vent, Air Conditioning Refrigeration career
field due to his failure to maintain academic standards and not
failure by the Air Force to honor its contractual agreement. The Air
Force has no contractual obligation to change the applicant’s TOE. As
outlined in his enlistment contract, the applicant was promoted early
to E-3 and has received all pay/benefits associated with a six-year
TOE.
The DPPAE evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
19 Dec 03, for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 Heating, Vent, Air Conditioning Refrigeration
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 some form of relief is justified. Since the applicant is
seeking a rollback of his TOE, this action will result in adjustment
of his effective and date of rank to the grade of airman-first-class.
This action will also result in the applicant incurring an
indebtedness of approximately $1,240. Applicant agrees with the
adjustments and is willing to repay the monies involved (see email at
Exhibit D). 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.
_________________________________________________________________
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 31 July 2002, 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 31 January 2003, rather than 27 September 2002;
and, an effective date of 31 January 2003, rather than 14 February
2003.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
03088 in Executive Session on 3 February 2004, under the provisions of
AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Brenda L. Romine, Member
Ms. Martha Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Sep 03.
Exhibit B. Letter, AFPC/DPPAE, dated 14 Nov 03.
Exhibit C. Letter, SAF/MRBR, dated 19 Dec 03.
CHARLENE M. BRADLEY
PANEL CHAIR
BC-2003-03088
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 ANTONIO J. TYSON, 409-45-1370, be corrected to show
that:
a. On 31 July 2002, 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 1 December 2003, rather than 27 September
2002; and, an effective date of 1 December 2003, rather than 14
February 2003.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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