RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00641
            INDEX NUMBER:  121.00
      XXXXXXXXXXXXX    COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be made eligible for 30  days  of  nonchargeable  leave  under  the
Overseas Tour Extension Incentive Program (OTEIP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He signed a contract that specifically identified him as eligible  for
the OTEIP and he requested 30 days of nonchargeable leave.

In support of his appeal, applicant provides a copy  of  the  form  he
signed and  a  response  to  a  Congressional  Inquiry  regarding  his
eligibility for the OTEIP.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is presently serving on active  duty  in  the  grade  of
staff sergeant.   The  remaining  facts  relevant  to  this  case  are
contained in the evaluation prepared by the appropriate office of  the
Air Force found at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP1 recommends denial of the applicant’s request.

The purpose of the OTEIP is to save permanent change of station  (PCS)
funds by providing specific incentives, as authorized by Congress  and
the Secretary of the Air force (SAF), to airmen in certain skills  who
extend their overseas tour by 12 months.  To be eligible, airmen  must
be serving in either  a  Control  Air  Force  Specialty  Code  (CAFSC)
designated by the SAF or be serving in a short tour location where all
AFSCs are eligible.

The applicant’s AFSC is not, nor has it ever been, eligible for OTEIP.
 The form he signed was a product generated by his squadron versus the
required form produced by the Personnel Concept III system (PC III), a
component of the Air  Force  personnel  system.   Only  those  members
eligible for OTEIP receive the options generated on a PC III  product.
The form the applicant signed was a  request  for  a  voluntary  DEROS
extension and not a binding contract.

The complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the  applicant  indicates
that the reasons given for the breach of  contract  are  absurd.   The
applicant states that he is not asking to be  made  eligible  for  the
OTEIP benefits, rather that the Air Force honor the contract  it  gave
him, which states in no uncertain terms that he  is  already  eligible
for the benefits.  He is demanding that a  written  contract  that  he
signed and has kept his part  of  be  honored.   He  states  that  the
contract is not vague and does not allow for interpretive license, but
explicit.  He states that the contract was obviously valid  enough  to
keep him overseas, as he has almost completed his extension year.   If
AFPC is now insisting that he was not eligible for the OTEIP benefits,
why did they not insist that another contract be given to  him  before
his time overseas was extended?  It is simply too late  now.   He  was
never offered another “valid” contract despite the claims that he  was
never eligible.

The applicant’s complete 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  error  or  injustice.   After  reviewing  the  complete
evidence of record, the Board was persuaded that the applicant  signed
the form to extend his overseas tour with the  belief  that  he  would
receive 30 days of nonchargeable leave.  It appears that the applicant
was offered this entitlement in error.  However, it also appears  that
the leave entitlement was the main reason that he  decided  to  extend
his overseas tour.  Although the form that the applicant signed is not
the official document prescribed by the Air Force  for  this  purpose,
personnel assigned  within  his  unit  to  process  personnel  actions
provided the form to him.  As such, we believe that the procedures  in
place at the time were inadequate to preclude a situation such as that
experienced by the applicant.  We note that the Air  Force  office  of
primary responsibility has advised that they are directing local units
to stop the use of locally generated forms such as that signed by  the
applicant.  Since the applicant has already served a major part of his
extension, we believe to deny him  eligibility  for  the  30  days  of
nonchargeable leave at this point would constitute  an  injustice  and
undermine the image of the Air Force.  Therefore,  we  recommend  that
the applicant’s records 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, as  an  exception  to
policy, competent authority determined that he  was  eligible  for  30
days  of  nonchargeable  leave  under  the  Overseas  Tour   Extension
Incentive Program (OTEIP) based on the extension of his overseas  tour
in July 2001.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00641 in Executive Session on 21 May 2003, under the provisions of AFI
36-2603:

      Mr. Thomas J. Topolski, Panel Chair
      Ms. Marilyn Thomas, Member
      Ms. Ann-Cecile McDermott, Member

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

     Exhibit A.  DD Form 149, dated 12 Feb 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, AFPC/DPAPP1, dated 17 Mar 03.
     Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 03.
     Exhibit E.  Memorandum, Applicant, dated 9 May 03.




                                   THOMAS J. TOPOLSKI
                                   Panel Chair


AFBCMR BC-2003-00641


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 XXXXXXXXXX, XXX-XX-XXXX, be corrected to show that
as an exception to policy, competent authority determined that he was
eligible for 30 days of nonchargeable leave under the Overseas Tour
Extension Incentive Program (OTEIP) based on the extension of his
overseas tour in July 2001.




            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency