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AF | BCMR | CY2004 | BC-2003-03088
Original file (BC-2003-03088.doc) Auto-classification: Approved


                       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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