RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02769
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The twenty-three (23) month extension to his 25 February 1998 enlistment  be
changed to a two (2) month extension and his date  of  separation  (DOS)  be
changed to 2 April 2002.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he accepted his retraining, he was told that he would  be  required  to
extend his enlistment for two months in addition to the  21  months  he  had
remaining on his original four (4) year enlistment in order to meet  the  23
month requirement for first-term airmen to retrain.  He agreed  to  the  two
months extension and retrained.  It was not until later that  he  found  out
that the contract was changed without his approval.  He tried to fight  this
action through the  Military  Personnel  Flight  (MPF)  and  the  Air  Force
Personnel Center (AFPC), but they were unable to help.

In support of his appeal, the applicant provided an AF Form 1411,  Extension
or Cancellation of Extensions of Enlistment in  the  Regular  Air  Force/Air
Force Reserve, dated 24 July 2000, a letter from  his  commander,  dated  15
July 2002, and a letter from the EWS Flight Superintendent,  dated  15  July
2002.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular Air Force in the grade  of
staff sergeant.

On 25 February 1998, the applicant enlisted in the Air Force with a  DOS  of
24 February 2002.  AF Form 1411, dated 24 July 2000  indicates  that  on  21
July 2000, he extended his enlistment for 23 months.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial.  They indicated that in accordance  with  AFI
36-2606, paragraph 1.17.1, eligible first-term airmen may apply for  CAREERs
retraining.  When airmen receive  approved  retraining……airmen  satisfy  the
retraining retainability requirement for extending their  enlistment  for  a
total of 23 months.  The applicant states  the  AF  Form  1411  was  changed
after he signed it.  Though it appears as if the form has been  changed,  if
the form was changed prior  to  the  applicant  signing  it,  no  additional
action is required.  However, if the form was changed after the  member  had
signed  it,  the  Military  Personnel  Flight  (MPF)  would  have   had   to
administratively correct the contract  IAW  AFI  36-2606,  paragraph  4.10.2
which requires the MPF and the member to initial all changes.

Though the form may have been changed, the applicant has no  proof  that  it
was changed after he signed it.  Additionally, as  the  AFI  clearly  states
members must extend for 23 months, there is no reason for the  MPF  to  have
extended him for fewer months.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 20 September 2002,  a  copy  of  the  evaluation  was  forwarded  to  the
applicant for review and response within  thirty  (30)  days.   As  of  this
date, no response has been received by this office.

On 29 October 2002, the applicant was contacted in reference to his  request
to change his DOS.  He provided a statement that 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 an error or an injustice.   Applicant  contends  that  when  he
accepted his retraining, he was told that he would  be  required  to  extend
his enlistment for two months in addition to the 21 months he had  remaining
on  his  original  four-year  enlistment  in  order  to  meet  the  23-month
requirement for first term airmen to retrain.  He agreed to the  two  months
extension, retrained  and  later  discovered  that  his  contract  had  been
extended for 23 months.  The OPR recommends denial  citing  the  fact  that,
though the form may have been changed, the applicant has no  proof  that  it
was changed after he signed it;  and  that  since  the  AFI  clearly  states
members must extend for 23 months, there is no reason for the  MPF  to  have
extended him for fewer months.  We disagree.  We have no way of  determining
whether or not the enlistment contract  was  changed  before  or  after  the
applicant signed it.  Given the fact that the applicant had  to  accept  the
23-month extension to quality for retraining so that he  could  continue  on
active duty, we likewise have no way of knowing  whether  or  not  he  would
have agreed to the additional extension of his enlistment had he been  fully
aware of the consequences.  However, since the contract was clearly  altered
and does not have the applicant’s concurrence, we  believe  the  benefit  of
any doubt should be resolved in his favor.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that:

a. The extension of his 25 February 1998  enlistment  executed  on  24  July
2000 was for a period of ten  (10)  months  rather  than  twenty-three  (23)
months.

b. His request to  be  discharged  on  15  December  2002  was  approved  by
competent authority.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  02-02769
in Executive Session on 22 & 31 October 2002, under the  provisions  of  AFI
36-2603:

            Ms. Olga M. Crerar, Panel Chair
            Mr. Mike Novel, Member
            Ms. Martha Maust, Member

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

   Exhibit A.  DD Form 149, dated 18 August 2002, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 13 September 2002.
   Exhibit D.  Letter, SAF/MRBR, dated 20 September 2002.
   Exhibit E.  Letter, Applicant, dated 29 October 2002





                 OLGA M. CRERAR
                 Panel Chair


AFBCMR 02-02769





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:

             a.  The extension of his 25 February 1998 enlistment executed
on 24 July 2000 was for a period of ten (10) months rather than twenty-
three (23) months.

                b. His request to be discharged on 15 December 2002 was
approved by competent authority.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency