RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02037

		COUNSEL:  NONE

		HEARING DESIRED:  YES


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APPLICANT REQUESTS THAT:

His 19 Mar 13 separation be revoked and he be allowed to 
reenlist without a break in service.

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APPLICANT CONTENDS THAT:

He was not briefed by the Military Personnel Section (MPS) that 
he could not reenlist while on terminal leave or that he needed 
to sign a statement of understanding (SOU).  

The Air Force Personnel Center (AFPC) would not allow his 
commander to recall him from terminal leave in accordance with 
the governing instruction.

Although he is eligible for immediate reenlistment, AFPC would 
not allow him to reenlist.  AFPC denied his commander’s 
exception to policy (ETP) request for reenlistment.  His 
reenlistment request was reconsidered and denied by AFPC due to 
him being on terminal leave.

In support of his appeal, the applicant provides copies of 
documents extracted from his military personnel records 
pertaining to matter at hand, and an excerpt from Air Force 
Instruction (AFI), 36-2606, Reenlistment in the United States 
Air Force.

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

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STATEMENT OF FACTS:

On 15 Apr 03, the applicant commenced his enlistment in the 
Regular Air Force.

On 23 Oct 12, the applicant was approved for a voluntary 
separation with an effective date of 19 Mar 13.

On 4 Jan 13, the applicant commenced his terminal leave.

On 14 Mar 13, the applicant’s commander submitted a request for 
an EPT to cancel the applicant’s separation and return from 
terminal leave.  The ETP request was considered and disapproved 
noting the justification given was not uncommon to other Air 
Force members and did not prove to be in the best interest of 
the Air Force.  It was further noted the applicant’s Control Air 
Force Specialty Code (CASFC) of 2T251 (Air Transportation 
Journeyman) was manned at 95 percent and his skill level within 
his CAFSC was manned at 97 percent; as such, assignments did not 
support the ETP request. 

On 19 Mar 13, the applicant was honorably discharged with a 
narrative reason for separation and separation program 
designator (SPD) code of KBK (Completion of Required Service) 
along with an reentry (RE) code of 1J (Eligible to reenlist but 
elects separation).  He was credited with 9 years, 11 months and 
5 days total active military service.

On 26 Aug 13, the applicant enlisted in the Tennessee Air 
National Guard (ANG) for a period of six years.

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AIR FORCE EVALUATION:

AFPC/DPSOR recommends denial indicating there is no evidence of 
an error an injustice.  Based on the documentation on file in 
the applicant’s master military personnel records, his 
discharge, to include his ETP request, was consistent with the 
procedural and substantive requirements of the discharge 
instruction and was within the discretion of the discharge 
authority.  Furthermore, without the AFPC/DPA’s approval, DPSOR 
would not have approved the ETP request.

A complete copy of the AFPC/DPSOR evaluation is at Exhibit C.

AFPC/DPSOA recommends denial indicating there is no evidence of 
an error or an injustice.  On 24 Sep 12, the applicant was 
approved for voluntarily separation on 19 Mar 13.  He went on 
terminal leave on 4 Jan 13, but his commander subsequently 
attempted to reenlist the applicant, submitting a request for an 
ETP to reenlist the applicant.  AFPC declared his reenlistment 
erroneous due to the fact the applicant had already started his 
terminal leave.  The applicant submitted a request to AFPC 
Separations to withdraw his approved separation, but AFPC denied 
his request.

The applicant states he received an RE code that would allow him 
to reenlist within 24 hours after separation.  Under the 
provisions of the AFI, a service member receiving a 1J RE code 
is eligible to reenlist; however, the AFI also states the 
service member is allowed to reenlist if he is otherwise 
eligible, must be present for duty, and will not reenlist while 
on leave, while in a separation status, or after departing their 
unit of assignment on terminal leave for separation.  Although 
the applicant received a 1J RE code, he was not otherwise 
eligible for reenlistment due to his being on terminal leave.

A complete copy of the AFPC/DPSOA evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The advisory opinion failed to address that he was not properly 
briefed on the effects of taking terminal leave.  He would never 
have taken terminal leave and given up the ability to reenlist.  
He would have taken ordinary leave to keep his option to 
reenlist.

His exception to policy request was cancelled due to it not 
being a military necessity.  According to the AFI, unit 
commanders may recall members from leave due to military 
necessity or urgent, unforeseen circumstances.  According to the 
AFI, the unit commander has the authority to determine a 
situation as an unforeseen circumstance.  His squadron, group, 
and wing commanders believed his situation was an unforeseen 
circumstance and gave him approval to return from terminal leave 
to reenlist.

The applicant’s complete response is at Exhibit E.

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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 opinions and 
recommendations of the Air Force offices of primary 
responsibility and adopt their rationale as the basis for our 
conclusion the applicant has not been the victim of an error or 
injustice.  The applicant’s contentions are duly noted; however, 
in the absence of any evidence that AFPC’s denial of the 
applicant’s request for an exception to policy to re-enlist was 
somehow erroneous or not properly based on the needs of the Air 
Force, we are not convinced that corrective action is warranted.  
While the applicant makes a variety of technical arguments 
intended to convince us that his commander should have been able 
to recall him from terminal leave for the purpose of re-
enlistment, we are not persuaded that the denial of his 
exception to policy constitutes an error or injustice when his 
Air Force specialty was manned at nearly 100 percent.  
Therefore, in the absence of 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(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-02037 in Executive Session on 13 Feb 14 and 
23 Apr 14, under the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 15 Apr 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSOR, dated 3 Jun 13.
	Exhibit D.  Letter, AFPC/DPSOA, dated 3 Jun 13.
	Exhibit E.  Letter, SAF/MRBR, dated 21 Jun 13.
	Exhibit F.  Letter, Applicant, dated 1 Jul 13.




                                   
                                   Panel Chair