RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01565
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His six-month extension be cancelled.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The original purpose of the extension was for retainability for an  overseas
assignment to Germany.  The assignment was cancelled, but the extension  was
still active.  He discovered this when he applied for a  new  military  I.D.
one month later.  Personnel in the Military Personnel Flight (MPF) at  Kelly
AFB told him that nothing could be  done  to  cancel  it.   Also  his  first
sergeant who investigated the problem  said  that  situation  could  not  be
remedied.  He indicates that this explains why there has  been  a  delay  in
the submission of his current AF Form 1411.   During  the  original  meeting
when he extended his  enlistment,  he  was  not  given  enough  information,
guidance, or details into the completion of the AF Form 1411.   He  was  not
told he had only 30 days to cancel the extension should the  assignment  get
cancelled.

In support of his appeal, the applicant provided a  personal  statement,  AF
Forms 1411, dated 20 October 1999 & 29 April 2002 and other documentation.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 9 September 1998, the applicant entered active duty in  the  Regular  Air
Force for a period of four (4) years and is currently serving in  the  grade
of senior airman.





On 20 October 1999, the applicant extended his enlistment  for  6 months  to
qualify for an overseas assignment.

On  24  January  2000,  Order  #AA-0179,  cancelled   applicant’s   overseas
assignment, effective 18 January 2000.

On 29 April 2002,  applicant  submitted  an  AF  Form  1411  requesting  the
extension be cancelled.

Based on the 6-month extension, the applicant’s  date  of  separation  is  8
March 2003.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial.  They indicated that on 20 October 1999,  the
applicant  extended  his  enlistment  for  6  months  to  qualify   for   an
assignment.  On the AF Form 1411, section VIII, the applicant initialed  the
block that states “I understand if the original reason for which I  extended
is cancelled, I may request cancellation of this extension provided  I  have
not entered it.  If I am eligible and want to cancel this extension, I  must
request cancellation within THIRTY CALENDAR DAYS of the date I  am  notified
the original reason for which I  extended  no  longer  exists.   Failure  to
cancel the extension within the 30-calendar day limit will be  considered  a
willingness on my part to  serve  out  the  extension.”   According  to  the
documentation the member provided, member’s assignment was cancelled  on  18
January 2000; however, the form he generated was dated 29 April 2002.   They
noted the request to cancel the extension did not go  through  the  Military
Personnel Flight (MPF), as there are no signatures.   Member  is  submitting
this cancellation request outside official channels.  The  applicant  should
have requested clarification  on  the  items  he  didn’t  understand  before
initialing them.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states that the  MPF  at  Lackland
AFB confirmed that he did properly submit the AF  Form  1411  through  their
office in accordance with AFI 36-2606.  He had  in  fact  not  gone  outside
official  channels  before  submitting  the  DD  Form   149.    Reenlistment
personnel have also confirmed that TSgt W directed them not to  do  anything
at that time, including not signing the form, but to direct him to  complete
a DD Form 149.  This is a firm example of the  confusion  that  reenlistment
personnel portray amongst themselves and transfer to  their  customers  when
conveying the rules of extending enlistment and canceling extensions.

Regardless of what he signed,  had  he  not  been  misinformed  by  the  MPF
immediately following the assignment cancellation,  he  could  have  instead
been directed to submit the Form 1411 to promptly cancel his extension.   It
appears that TSgt W  disregarded  many  points  in  his  memorandum  to  the
Lackland MPF which he had submitted on 25  April  along  with  the  AF  Form
1411.  He was well within the 30 day time limit imposed by AFI  36-2606  and
AF Form 1411.  He states  that  he  was  both  misinformed  and  incorrectly
instructed by the MPF.

Applicant’s response, with attachments, is at Exhibit E.

_________________________________________________________________

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  a  probable  injustice  warranting  the  cancellation  of  the
applicant’s six-month  extension.   Although  we  note  that  the  applicant
initialed the block on AF Form 1411 indicating that he understood the  terms
for requesting cancellation of his extension, we are sufficiently  persuaded
that the applicant may have been miscounseled  regarding  when  the  request
for cancellation should have been  submitted.   While  we  cannot  determine
with any certainty what the applicant was told, it is reasonable  to  assume
that had he been properly counseled  that  he  had  to  submit  his  request
within 30 days of receiving the cancellation  notification,  he  would  have
done so.  Therefore,  we  believe  any  doubt  should  be  resolved  in  the
applicant’s favor and that his records  should  be  corrected  as  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 the extension  of  his  9  September
1998 enlistment executed on 20 October 1999, for a period  of  6  months  be
declared void.

_________________________________________________________________






The following members of the Board considered AFBCMR Docket Number  02-01565
in Executive Session on 9 July 2002, under the provisions of AFI 36-2603:

            Mr. Vaughn E. Schlunz, Panel Chair
            Mr. Michael V. Barbino, Member
            Mr. Michael Maglio, Member

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

   Exhibit A.  DD Form 149, dated 8 May 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 1 June 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 7 June 2002.
   Exhibit E.  Letter, Applicant, dated 11 June 2002, w/atchs.




                 VAUGHN E. SCHLUNZ
                 Panel Chair





AFBCMR 02-01565





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, be corrected to show that the extension of his 9 September
1998 enlistment executed on 20 October 1999, for a period of 6 months be,
and hereby is, declared void.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency