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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