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AF | BCMR | CY2001 | 0002132
Original file (0002132.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  00-02132
                                        INDEX CODE 112.07
      XXXXXXXXXXX                            COUNSEL: No

      XXXXXXXXXXX                       HEARING DESIRED: No


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a constructive reenlistment to permit retirement the first
day of the month following High Year of Tenure (HYT) and he be able to
sell excessive leave in conjunction with that reenlistment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Skills  Management  Branch,  HQ  AFPC/DPPAE,  provided  his
rationale for approving the applicant’s  request  for  a  constructive
reenlistment but denying the request for selling excessive leave.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on  5
Oct 00 for review and comment within 30 days.  As of this  date,  this
office has received no 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  probable  error  or  injustice  to  warrant  partial
relief. The 40-month extension he is currently serving  is  11  months
short of his retirement  date.  By  law,  he  cannot  extend  any  one
enlistment in excess of 48 months. We agree the  applicant  should  be
afforded a constructive reenlistment so he may retire  following  HYT.
However,  since  he  will  have  an  opportunity  to  sell  leave   in
conjunction with his approved retirement, we see no basis for allowing
him to use this administrative relief as another opportunity  to  sell
leave. Therefore, we agree with  the  Air  Force’s  suggested  partial
relief and recommend the  applicant's  records  be  corrected  to  the
extent 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  he  was  honorably
discharged effective 30 Jun 00, and  reenlisted  in  the  Regular  Air
Force on 1 Jul 00, for a period of two (2) years.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 January 2001, under the provisions of AFI  36-
2603:

                  Mr. Terry A. Yonkers, Panel Chair
                  Ms. Carolyn J. Watkins, Member
                  Mr. John E. Pettit, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 31 Aug 00.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 22 Sep 00.
   Exhibit D.  Letter, SAF/MIBR, dated 5 Oct 00.




                                   TERRY A. YONKERS
                                   Panel Chair



AFBCMR 00-02132




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to XXXXXXXXX, be corrected to show that he was
honorably discharged effective 30 June 2000, and reenlisted in the
Regular Air Force on 1 July 2000, for a period of two (2) years.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency

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