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AF | BCMR | CY2003 | 0203473
Original file (0203473.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03473
                                             INDEX CODE:  112.00
      COUNSEL:  NONE

      HEARING DESIRED:  NO

__________________________________________________________________

APPLICANT REQUESTS THAT:

He be given a constructive reenlistment dated 17 January 2002 for  a  period
of six years with a Zone B Selective Reenlistment Bonus (SRB).

__________________________________________________________________

APPLICANT CONTENDS THAT:

In 1997 he had an assignment that required  retainability  and  he  was  not
given the opportunity to extend for a period between 36 and 48 months.   Had
he been given this opportunity, he would have extended for 36 months.

In support of his application, he provides his 26 October 1995 and 14  April
2000  enlistment  contracts  and  his  extension  of  his  1995   enlistment
contract.  His complete submission, with attachments, is at Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

Information extracted from  the  Military  Personnel  Data  System  (MilPDS)
indicates the applicant’s Total Active Federal Military Service Date  as  21
July 1992.  He is currently serving on active duty in  the  grade  of  staff
sergeant, with an effective date of rank of 1 March 1999.

On 19  November  1997,  the  applicant,  who  had  an  established  date  of
separation of 25  October  1999,  requested  an  extension  of  his  initial
enlistment for a period of six months, thereby establishing  a  new  DOS  25
April 2000.

On 14 April 2000, the applicant, who had an established date  of  separation
(DOS) of 25 April 2000, reenlisted in the Regular Air Force for a period  of
4 years, thereby establishing a new DOS of 13 April 2004.

__________________________________________________________________
AIR FORCE EVALUATION:

AFPC/DPPAE recommends the application be denied.  DPPAE states  that  on  14
April 2000, the applicant executed a valid reenlistment in order  to  remain
on active duty.  At the time he reenlisted, his AFSC did not have a  Zone  B
SRB.  The AFPC/DPPAE evaluation is at Exhibit C.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded by stating that  on  his  AF  Form  1411,  Extension  of
Enlistment in the Regular Air Force, it reflects that he  was  not  afforded
the opportunity to extend his enlistment for a period of  36-48  months  and
believes  he  was  not  properly  counseled  on  his   enlistment   options.
Applicant’s response with a supporting letter signed by  the  MPF  commander
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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of an error.  After a thorough review of the  evidence  presented,
it appears that in accordance with governing directives, Military  Personnel
Flight (MPF)  representatives  took  appropriate  action  in  executing  the
applicant’s extension by allowing him only  the  minimum  number  of  months
required to  qualify  for  his  PCS  assignment.   Additionally,  this  same
directive stipulates that first-term airmen cannot extend for  more  than  a
total of 23 months thus rendering him ineligible  to  extend  for  a  period
between 36-48 months.  We have noted the supportive  statement  provided  by
the MPF commander and do not find it sufficient to show that  the  applicant
was entitled by either the governing Air  Force  instruction  or  policy  to
extend for a period greater than 23 months.  Therefore, we  agree  with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not been the victim of an error.  In the  absence  of
evidence to the contrary, we find no basis to recommend granting the  relief
sought in this application.

__________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did  not  demonstrate
the existence of probable material error or injustice; that the application
was denied without a personal appearance; and  that  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 this application in  Executive
Session on 30 April 2003, under the provisions of AFI 36-2603:

           Mr. Wayne R. Gracie, Panel Chair
           Mr. Frederick R. Beaman, III, Member
            Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 25 Oct 02 w/atchs.
     Exhibit B.  Letter, AFPC/DPPAE, dated 25 Nov 02.
     Exhibit D.  Letter, SAF/MRBR, dated 6 Dec 02.
     Exhibit E.  Letter, Applicant, dated 6 Jan 03 w/atch.



                                   WAYNE R. GRACIE
                                   Panel Chair


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