RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2013-05378

					COUNSEL:  NONE

		HEARING DESIRED:  YES



APPLICANT REQUESTS THAT:

Her DD Form 4, Enlistment/Reenlistment Document Armed Forces Of the United States, dated 14 Oct 09, be changed to reflect a term of service of 6 years or 4 years with 24 months of obligated service instead of the 4 years of service it currently reflects. 



APPLICANT CONTENDS THAT:

On 11 Oct 13, the Military Personnel Data System (MilPDS) reflected that she had enlisted for six years and had a Date of Separation (DOS) of 14 Oct 15.  On 15 Oct 13, MilPDS was changed to reflect she had a DOS of 14 Oct 13, based upon an enlistment of four years.  Her intention had been to stay in the Air Force until her High Year of Tenure (HYT) or until a Medical Evaluation Board (MEB) deemed she was no longer able to do her job.  She would not have volunteered to separate if she had any other choice.  She would have applied for the Temporary Early Retirement Application (TERA) Program if she wanted to separate.  The Air Force’s decisions to send her Permanent Change of Station (PCS) from Germany to the Continental United States (CONUS), to allow her to test for her Security Plus Certificate, and to pay for her maternity uniform would only have been made if she had sufficient time left in the Air Force. 

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



STATEMENT OF FACTS:

The applicant served in the Regular Air Force in the grade of Technical Sergeant (TSgt) during the matter under review.  

On 15 Oct 09, the applicant reenlisted for four years and zero months, establishing a new DOS of 14 Oct 13.  She initialed the DD Form 4, acknowledging her four-year term of enlistment (TOE).  However, at the time, her TOE was incorrectly loaded into MilPDS as six years rather than the four years she signed for.  

According to the statement provided by the applicant, on 15 Oct 13, the Air Force discovered her incorrect DOS and corrected it in MilPDS to reflect 14 Oct 13.  

On 11 May 12, the applicant’s commander did not select her for reenlistment.  The reasons he provided for taking this action included that the applicant had nine fitness assessment (FA) failures and one marginally passing score in the previous eight years, her inability to perform her primary duty unsupervised, and the fact that she was removed from her primary duty due to her lack of competence. 

On 14 Nov 13, the applicant was furnished an Honorable discharge, with a Narrative Reason for Separation of “Non-Retention on Active Duty” and was credited with 17 years, 2 months, and 11 days of total active service.  She was authorized separation pay at the time of her discharge.  

The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. 



AIR FORCE EVALUATION:

AFPC/DPSOA recommends denial indicating there is no evidence of an error or an injustice.  The applicant bases her request on having an erroneous DOS that was equivalent to her requested TOE.  However, her contract clearly states a TOE of four years and zero months.  The applicant initialed the four year and zero month TOE.  She was not able to reenlist before or on her DOS because she was not selected for reenlistment under the Selective Reenlistment Program (SRP).  It is unclear why the applicant had an erroneous DOS entered into the system.  Although not the norm, such errors do sometimes happen, and when they are identified, the system is updated to reflect the executed contract TOE.  

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

AFPC/DPSOR recommends denial indicating there is no evidence of an error or an injustice.  During the period 29 Jul 13 through 19 Aug 13, eligible Airmen were allowed to apply for retirement under the TERA program, which offered retirement effective 1 Nov 13.  On 20 Aug 13, the applicant requested TERA.  However, the applicant’s Air Force Specialty Code (AFSC) and grade of TSgt were not eligible for this offering of the TERA program.  

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



APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 2 Jun 14 for review and comment within 30 days (Exhibit E).  As of this date, no response has been received by this office.


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 an 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 (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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 issues involved.  Therefore, the request for a hearing is not favorably considered.


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.






The following members of the Board considered AFBCMR Docket Number BC-2013-05378 in Executive Session on Nov 14 under the provisions of AFI 36-2603:

	Panel Chair 
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 5 Nov 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSOA, dated 22 Jan 14.
	Exhibit D.  Memorandum, AFPC/DPSOR, dated 7 Mar 14.
Exhibit D.  Letter, SAF/MRBR, dated 2 Jun 14.

						






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