AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01383
COUNSEL: NONE
HEARING DESIRED: YES
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
The 22-month extension of his enlistment contract entered on
31 May 11, be cancelled and his original date of separation (DOS)
be restored.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His extension was submitted for joint spouse orders to Andrews
AFB (AAFB); however, the assignment was cancelled due to him not
being able to obtain the appropriate security clearance.
His original enlistment still had approximately one year and five
months remaining for a regular state-side permanent change of
station (PCS) since AAFB was considered a three-year controlled
tour.
His previous Military Personnel Flight (MPF) at Ramstein AB told
him that the extension should be voided, and that the paperwork
would need to be signed by his new commander at XXXXXXX, AFB. He
was told as long as he had not reached his original DOS and
entered into the extension he would be able to cancel at anytime.
In support of his request, the applicant provides copies of his
enlistment extension cancellation request, Change of Projected
Assignment Data RIP, and other documents related to his PCS
assignment.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is currently serving on active duty in the grade of
staff sergeant. His total active federal military service date
(TAFMSD) is 19 Nov 02.
On 16 Mar 11, the applicant accepted a PCS assignment to AAFB.
On 31 May 11, the applicant extended his enlistment 22-months to
obtain retainability for a PCS to AAFB. The extension
established a new DOS of 12 Sep 14.
The assignment to AAFB was cancelled in Jun 11, due to the
applicant not being able to obtain the required security
clearance.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSOA recommends denial. DPSOA states AFI 26-2606,
Reenlistments in the USAF, paragraph 6.12.4 allows members to
request cancellation of extensions when the reason for the
extension was cancelled or no longer exists; cancellation
requests under this rule must be submitted within 30 days of the
cancellation of the reason for extension. Paragraph 6.12.4 also
states the Air Force will consider failure to cancel the
extension within the 30 day period as willingness on the Airman’s
part to serve out the extension. Additionally, the applicant
initialed the following statements “I must request cancellation
within 30 calendar days of the date I am notified the original
reason for which I extended no longer exists,” and “Failure to
cancel the extension within the 30 calendar day time limit will
be considered a willingness on my part to serve out the
extension.”
The complete DPSOA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He had every intention on cancelling his extension on the day of
notification of his assignment change in Jun 11. He was
following instructions of a fellow noncommissioned officer (NCO)
who was the subject expert at the MPF.
Before he PCS’d from Ramstein AFB, he told the NCO that he wanted
to cancel his extension. The NCO told him since he only had two
weeks before his PCS; he should initiate the cancellation at his
gaining base. He was told he could cancel his extension anytime
as long as he did not enter that extension date of Nov 12.
The only reason for his 22-month extension was to fulfill a
requirement for a base that would allow military joint spouse, so
that he could be with his wife and daughter. He and his family
have been denied “military joint spouse” for two PCS tours in a
row for three years.
He humbly asks that his original DOS of 12 Nov 12, be reinstated,
as this is causing stress and hardship for him and his family.
He asks that he be allowed to finish out the remainder of his
active duty enlistment.
In support of his appeal, the applicant provides a statement from
his commander, and a letter from his psychologist.
2
The applicant's complete response, with attachments, is at
Exhibit E.
_________________________________________________________________
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 an error or injustice warranting
relief. We note the applicant has been geographically separated
from his family for over two years and was approved for a joint
spouse assignment which required him to extend his enlistment to
accept the assignment. However, due to not meeting the
appropriate security clearance requirements, the assignment was
cancelled and the applicant did not submit a request to cancel
his extension within 30 days as required by the AFI. He now
requests the Board cancel his extension as it is causing an
extreme amount of hardship and stress for him and his family. We
note the office of primary responsibility (OPR) recommends denial
based on the fact the applicant did not cancel his enlistment
extension within 30 days. However, the applicant states he was
advised by the Military Personnel Flight (MPF) that he could
submit his request to cancel his extension at his gaining
location. Additionally, the applicant’s commander via letter,
states through no fault of his own he was misinformed on the
procedures to cancel his extension. The commander also notes he
is a stellar performer and indicates she is aware of his family
and financial matters due to their family separation; she fully
supports his request. The applicant also provides a letter from
a licensed psychologist stating he has presented for counseling
to cope with the significant increase in stress from the burden
the geographic separation from his family has caused both
financially and emotionally and also recommends his extension be
cancelled. In view of the totality of the circumstances in this
case, we do not find it reasonable that he would have knowingly
elected not to cancel his extension when his main goal all the
while was to be with his family. Therefore, we find the evidence
presented sufficient to determine he was miscounseled on the
procedures to cancel his extension. Accordingly, in the interest
of justice, we recommend his records be corrected as indicated
below.
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.
__
_______________________________________________________________
3
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that his 22-month
extension of his 13 Nov 08 enlistment contract, executed on
31 May 11, be declared void and replaced with a 2-month extension
on 1 Oct 12, establishing his date of separation as 12 Jan 13.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2012-01383 in Executive Session on 4 Oct 12, under the
provisions of AFI 36-2603:
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Apr 12, w/atchs.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, AFPC/DPSOA, dated 23 May 12.
Exhibit D. Letter, SAF/MRBR, dated 4 Jun 12.
Exhibit E. Letter, Applicant, dated 10 Jul 12, w/atchs.
Panel Chair
Panel Chair
Member
Member
4
AF | BCMR | CY2013 | BC 2013 03116
He requested to cancel his 19-month extension within the 30-day period after his Consecutive Overseas Assignment from Korea to Germany was cancelled. However, they are not sure what the applicant is trying to point out as far as the HYT changes, since his eight-year HYT date was 2 July 2015 and the 19-month extension only had him serving to his current DOS of 1 February 2015; well short of his HYT date. We took notice of the applicant's complete submission in judging the merits of the...
Despite this, the applicant claims the MPF stated he had to accept the C-141 training because he had three and one-half years remaining on his UPT ADSC. Despite Block II of the AF Form 63 not being initialed, the applicant signed the AF Form 63 reflecting the correct ADSC and thus accepted the ADSC (Exhibit C with Attachments 1 through 4). In this case, however, the applicant has presented persuasive evidence that he agreed to the C-141 IQT training under the assumption that he would incur...
AF | BCMR | CY2013 | BC-2013-00483
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00483 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His reenlistment contract and AF Form 1089, Leave Settlement Option be amended to allow him the opportunity to sell back 30 days of accrued leave. In Jul 12, the Kadena MPF changed the date of his reenlistment contract to reflect 14 Sep 11 (his...
AF | BCMR | CY2013 | BC 2013 05612
The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice. However, that extension or reenlistment in Aug 2012 still would not have made the applicant eligible for the SRB because member's have to be a 3-skill level in the SRB career field at the time...
He was not told he had only 30 days to cancel the extension should the assignment get cancelled. On 29 April 2002, applicant submitted an AF Form 1411 requesting the extension be cancelled. Reenlistment personnel have also confirmed that TSgt W directed them not to do anything at that time, including not signing the form, but to direct him to complete a DD Form 149.
AF | BCMR | CY2010 | BC-2010-02851
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 complete HQ AFPC/DPSIM evaluation is at Exhibit...
AF | BCMR | CY2007 | BC-2006-02693
_________________________________________________________________ STATEMENT OF FACTS: According to AFI 36-2606, paragraph 2.8., to be eligible for a Zone C SRB, airmen must complete at least 10 but no more than 14 years of total active federal military service (TAFMS) (including current enlistment and periods of active duty) on the date of reenlistment or beginning an extension of enlistment; reenlist or extend their enlistments (in one increment) in the Regular Air Force (RegAF) for at...
AF | BCMR | CY2004 | BC-2004-00288
_________________________________________________________________ APPLICANT CONTENDS THAT: She received an assignment notification to Incirlik ABS, Turkey, and was advised that she would have to extend for 14 months to obtain retainability for this assignment. On 15 August 2003 the applicant reenlisted in the United States Air Force for a period of 4 years and 18 months. DPPAE’s complete evaluation is at Exhibit...
AF | BCMR | CY2013 | BC 2013 04548
According to the applicants AF Form 1411, Extension or Cancellation of Extensions of Enlistment in the Regular Air Force (REGAF)/AIR Force Reserve (AF Reserve)/Air National Guard (ANG), dated 25 Jun 13, the applicant requested cancellation of her 26 months extension for the purpose of immediate reenlistment in order to receive a Selective Reenlistment Bonus (SRB). THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be...
AF | BCMR | CY2003 | BC-2003-01296
His original reporting date was 31 Dec 01 which required a DOS of 16 Jan 04. PCS retainability requirements are determined by the assignment RNLTD. _________________________________________________________________ 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...