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AF | BCMR | CY2010 | BC-2010-02851
Original file (BC-2010-02851.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-02851 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be reinstated in the Air Force. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was miscounseled on his separation and reenlistment into the 
Air Force. 

 

His leave status was changed from terminal leave to an ordinary 
leave status. He reenlisted before he separated and then the 
reenlistment was declared erroneous, forcing him to separate. 

 

His household goods are in South Dakota; however, his home is in 
Hawaii. He has paid for his family to move and is willing to 
pay again. 

 

In support of his request, the applicant provides copies of 
personal statements, an e-mail from HQ AFPC/DPSOA, DD Form 4/1, Enlistment/Reenlistment Document – Armed Forces of the United 
States; AF IMTs 988, Leave Request Authorization, and letters of 
support. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 22 Jun 04, the applicant entered the Regular Air Force on a 
six-year enlistment. 

 

Available records reflect the applicant was on terminal leave 
and decided he wanted to stay in the Air Force rather than 
separate a week before his scheduled date of separation of 
28 Jun 10. He contacted his losing base and was told he could 
return to his base, change his terminal leave to ordinary leave, 
and reenlist. He returned to the base, had his leave changed to 
ordinary leave, and reenlisted on 18 Jun 10. 

 

On 25 Jun 10, he was told his reenlistment contract was 
erroneous because he had already departed on terminal leave and 


had to continue to separation. AFI 36-2606, Reenlistments in the 
USAF, paragraph 3.5 states, “Airmen many not reenlist after 
departing their units of assignment on terminal leave for 
separation.” 

 

Available records reflect the applicant applied for a voluntary 
separation and was separated on 28 Jun 10 for completion of 
required active service. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSOA recommends approval of the applicant’s 
reinstatement based on him following bad guidance from the 
military personnel flight (MPF). The MPF should have forwarded 
the applicant’s request to AFPC for a decision. Since this was 
never done, the applicant was not provided the opportunity to 
withdraw his separation, which he was entitled to. 

 

Further, if the Board’s decision is to deny the applicant’s 
request, recommend the Board provide relief for personal 
expenses incurred due to the erroneous advice of the MPF. The 
applicant should only be reimbursed for those expenses incurred 
by him returning to his base as directed by the MPF and are 
fully supported by documentation he is responsible for 
providing. 

 

The complete HQ AFPC/DPSOA evaluation is at Exhibit C. 

 

HQ AFPC/DPSOS states they support DPSOA’s recommendation for 
approval based on the applicant not being provided the 
opportunity to request withdrawal of his separation request. 

 

The complete HQ AFPC/DPSOS evaluation is at Exhibit D. 

 

HQ AFPC/DPSIM states commanders are the approval authority for 
terminal leave and do not normally allow members to return to 
duty after leave begins. The applicant’s master military pay 
account (MMPA) reflects he was paid for seven days of leave on 
28 Jun 09. In addition, his MMPA reflects that his terminal 
leave was cancelled for 19 Apr 10 to 21 Jun 10 and he was 
charged ordinary leave for 19 Apr 10 to 17 Jun 10. The 
applicant’s case only contains AF Forms 988, for ordinary leave 
from 19 Apr 10 to 17 Jun 10 and does not include an AF Form 988 
confirming approval for terminal leave. The applicant has the 
burden of providing sufficient evidence of probable material 
error or injustice. There is insufficient evidence of probable 
material error or injustice by the Air Force. 

 

The complete HQ AFPC/DPSIM evaluation is at Exhibit E. 

 

_________________________________________________________________ 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

Copies of the Air Force evaluations were forwarded to the 
applicant on 4 Mar 11 for review and comment within 30 days 
(Exhibit F). As of this date, this office has not received a 
response. 

 

_________________________________________________________________ 

 

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 error or injustice. Although the 
applicant had an approved voluntary separation, we note that 
while on terminal leave, he changed his mind and was allowed to 
reenlist based on erroneous information provided by his Military 
Personnel Flight. We further note the applicant’s request to 
withdraw his approved separation should have been elevated to 
the Air Force Personnel Center. However, since the applicant 
was denied this opportunity, we believe any doubt should be in 
his favor. Therefore, we recommend the records be corrected as 
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. His 18 June 2010 reenlistment for four years was a 
valid reenlistment and he was ordered permanent change of 
station (PCS) to his home of record or home of selection pending 
further orders. 

 

b. He was not discharged from the Air Force on 28 June 
2010 for completion of required service, but continued to serve 
on extended active duty. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number BC-
2010-02851 in Executive Session on 30 March 2011, under the 
provisions of AFI 36-2603: 

 

, Panel Chair 

, Member 

, Member 

 


All members voted to correct the records, as recommended. The 
following documentary evidence was considered for Docket Number 
BC-2010-02851: 

 

 Exhibit A. DD Form 149, dated 1 Jul 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSOA, dated 12 Nov 10. 

 Exhibit D. Letter, HQ AFPC/DPSOS, dated 16 Nov 10. 

 Exhibit E. Letter, HQ AFPC/DPSIM, dated 11 Jan 11. 

 Exhibit F. Letter, SAF/MRBR, dated 4 Mar 11. 

 

 

 

 

 

 Panel Chair 

 

 



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