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 applicants
reinstatement based on him following bad guidance from the
military personnel flight (MPF). The MPF should have forwarded
the applicants 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 Boards decision is to deny the applicants
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 DPSOAs 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 applicants 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
applicants 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 applicants 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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