RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01966
INDEX CODE: 112-05
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His current term of enlistment be changed from six years to four years.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He indicated his desire to reenlist for three (3) years on his Statement of
Reenlistment Intention form. He was informed that he would have to
reenlist for four (4) years, to which he agreed. When he received his
contract, via email, he noticed the term of reenlistment was listed as six
(6) years. He did not make any changes as this would make the contract
invalid, so he initialed and signed the contract where indicated and
intended to address the discrepancy with his Military Personnel Flight
(MPF). However, he was in the midst of preparing for a temporary duty
(TDY) assignment to Guantanamo Bay, Cuba, and asked someone to return the
forms for him. He completely forgot about needing to address the
discrepancy. The matter eluded him until 11 May 09, while reviewing his
information in the virtual MPF (vMPF). He visited his local MPF the next
day and explained his situation. He was informed the Statement of Reenlist
Intention forms are destroyed after 90 days, per office policy.
Regardless of his stated intent to reenlist for only four years, he
understands he did initial and sign the forms with the six year term.
While at no time did he intend to reenlist for six years, he failed to take
the steps necessary to correct the error at the time. However, it is his
hope that his term of enlistment will be adjusted to reflect his honest and
sincere intent.
In support of the application, the applicant submits his DD Form 4/1,
Enlistment/Reenlistment Document, Armed Forces of the United States.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving as a paralegal in the grade of master
sergeant (E-7) having assumed that grade effective and with a date of rank
of 1 Jan 10.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSOA recommends denial. Due to the delay in the applicant’s
request for correction, any documentation supporting his claim has been
destroyed. In addition, the member who the applicant states made the
mistake has been contacted; however, cannot recall the details of his term
of enlistment.
The complete DPSOA 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 17 Jul
09, for review and comment within 30 days. As of this date, this office
has received no response (Exhibit C).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion the
applicant has not been the victim of an error or injustice. In the absence
of persuasive evidence to the contrary, we find no basis to recommend
granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 18 Mar 10, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered in AFBCMR BC-2009-01966:
Exhibit A. DD Form 149, dated 12 May 09, w/atch.
Exhibit B. Letter, HQ AFPC/DPSOA, dated 29 Jun 09.
Exhibit C. Letter, SAF/MRBR, dated 17 Jul 09.
Panel Chair
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