RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00784
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her enlistment contract be voided, and she be allowed to separate from the Air Force.
________________________________________________________________
APPLICANT CONTENDS THAT:
She signed an enlistment contract to serve in the grade of Staff Sergeant (SSgt/E-5), however, due to an error on the part of the Air Force in calculating her time in the Air Force Reserve, she was subsequently demoted to Senior Airman (E-4). Because of the reduction in rank, she was notified she had to separate under high year of tenure (HYT) rules, so she prepared to transition to civilian life. However, at her out processing appointment, she was told her HYT had been miscalculated and she was not authorized to separate. The entire process has been a heavy burden for her and her family, and she wants her contract voided so she can begin her civilian life.
The applicants complete submission, with attachments, is at Exhibit A.
_________________ ______________________________________________
STATEMENT OF FACTS:
On 7 Mar 12, the applicant was honorably discharged from the Air Force Reserve in the grade of SSgt.
On 8 Mar 12, the applicant enlisted in the Regular Air Force in the grade of SSgt for a period of six years.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIPE recommends approval, indicating there is evidence of an error or injustice. The member is requesting immediate separation. The member is a prior service enlistee, who entered active duty on 8 Mar 12, in the grade of E-5. It was later determined she did not have enough Total Active Federal Military Service (TAFMS) to be accessed at said grade. To enlist in the grade of E-5, 1980 active duty points are required, but the applicant only had 1789 points. Upon notification of her reduction in rank to E-4, the member asked to separate and on 6 Sep 12 she was erroneously approved for separation. The member completed out processing actions, to include obtaining civilian employment and making preparations to relocate her family. During her out processing appointment she was notified she was not eligible to separate. Due to the errors in her enlistment contract and the erroneous approval for her to separate, recommend approving the applicants request for immediate separation.
A complete copy of the AFPC/DPSIPE evaluation, with attachments, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 16 Apr 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
________________________________________________________________
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. We took notice of the applicant's complete submission in judging the merits of the case and agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that relief should be granted and the applicant should be allowed to separate. Should she desire to do so prior to the end of her current enlistment, she should be issued a narrative reason for separation of Secretarial Authority and reentry (RE) and separation program designator (SPD) codes of 1J and KFF. Notwithstanding the relief described above, we note the Air Force entered into an enlistment contract with the applicant for her to serve in the rank of SSgt, but the Air Force, for whatever reason, was unable to correctly calculate her total active federal military service date (TAFMSD). As a result, the applicant was subsequently administratively demoted. While the applicant has not presented evidence that she should have been accessed in the higher grade, we find it reasonable to believe that she entered into her contract to serve in the Air Force with the expectation to serve in said grade and, had she known that she was not going to serve in said grade, she likely would not have agreed to do so. Therefore, we believe the applicant is the victim of an injustice and believe it appropriate to recommend her records be corrected to reflect that, as an exception to policy, she enlisted in the grade of SSgt, instead of SrA. Therefore, we recommend the applicants records be corrected as indicated below.
________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that:
a. On 8 March 2012, as an exception to policy, competent authority approved her request to enlist in the Regular Air Force in the grade of staff sergeant (E-5).
b. Competent authority approved her request to be discharged from the Regular Air Force with a narrative reason for separation of Secretarial Authority, a Reentry (RE) code of 1J, and a Separation Program Designator (SPD) code of KFF, provided such a request is rendered within 60 days.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2013-00784 in Executive Session on 4 Feb 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-00784 was considered:
Exhibit A. DD Form 149, dated 10 Feb 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDE, dated 11 Apr 13.
Exhibit D. Letter, SAF/MRBR, dated 16 Apr 13.
Panel Chair
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