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AF | BCMR | CY2003 | BC-2003-00718
Original file (BC-2003-00718.doc) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00718
            INDEX CODE:  112.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________


APLICANT REQUEST THAT:

His 17 January 2003 extension be cancelled and he  be  allowed  to  reenlist
effective 20  January  2003,  with  authorization  to  a  Zone  A  Selective
Reenlistment Bonus (SRB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is in a chronic critically career field.  On  1  November  2002  his  Air
Force Specialty Code (AFSC) converted from 2A1X4 to 2A553D.  This  new  AFSC
did not appear on the 2002 SRB list.  He inquired with  his  local  Military
Personnel Flight (MPF) and  Randolph  AFB,  TX,  about  the  SRB  multiplier
carrying over to the new AFSC.  Both said to wait for the 2003 SRB  listing.
 This list did not appear before his date of  separation  (DOS),  therefore,
he extended his enlistment.

In support of his appeal, the applicant provided AF Form 1411 (Extension  Or
Cancellation Of Extensions Of Enlistment In The Regular Air Force/Air  Force
Reserve).

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
senior airman.

On 20 January 1999, the applicant enlisted in the Air Force for a period  of
four years with a DOS of 19 January 2003.  AF Form 1411,  dated  17  January
2003 indicates  he  extended  his  enlistment  for  a  period  of  12 months
resulting in a new DOS of 19  January  2004.   The  contract  indicates  the
reason  for  the  extension  was  to  remain  on  active  duty  for  reasons
determined to be in the best interest of the Air Force.

The applicant’s AFSC is 2A553D.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial.  They indicated  that  the  applicant’s  AFSC
was included on a supplemental SRB list that was released 11 February  2003.
 The list had an effective date of 31 October 2002.  He chose to extend  his
enlistment for a total of 12 months for  Personal  Convenience  rather  than
extending for Best Interest of the  Air  Force  for  less  than  12  months.
Though his AFSC was not added to the SRB list  until  after  this  extension
was executed, he did not have to extend for the entire length that  he  did.
Additionally, as the applicant is  within  12  months  of  his  ETS,  he  is
eligible to reenlist at this time and receive  a  Zone  A  SRB  with  a  3.5
multiple.  The applicant  will  be  charged  the  obligated  service  if  he
chooses to reenlist more than 29 days from his ETS.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated that  he  discussed  his
options at length with his local MPF.  He was told his only options were  to
reenlist with no SRB, extend for 12 months or separate.

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 an error or an injustice.  The applicant’s AFSC  was  converted
from 2A1X4 to 2A553D and the new AFSC did not appear on the 2002  SRB  list.
The applicant indicates that he inquired with both his local  MPF  and  AFPC
about the SRB multiplier carrying over to  the  new  AFSC.   Both  indicated
that he should wait for the 2003 SRB  list.   We  note  that  the  applicant
apparently has a critically short AFSC which was added to  the  supplemental
SRB list that was released in February 2003, with an effective  date  of  31
October 2002.  Therefore, at the time of  the  applicant’s  DOS  in  January
2003, the supplemental SRB list was not yet released.   However,  it  stands
to reason that if his local MPF had advised him there would be a 2003  list,
they would have counseled him to extend for a period of less than  12 months
in order that he could reenlist as soon as the new SRB  list  was  released.
Despite  this,  it  appears  that  the  applicant  was  only  given  limited
alternatives regarding his reenlistment options  -  reenlist  with  no  SRB,
extend for 12 months or separate.  We find no evidence  that  the  applicant
was counseled that he could have extended  his  enlistment  for  any  period
less than 12 months.  In this regard,  the  Air  Force  indicates  that  the
applicant could have extended for a period of less than  12  months  if  the
extension was for the convenience of the government, but that the  applicant
chose to extend for 12 months for personal reasons.  However,  a  review  of
his extension contract indicates that  the  reason  for  the  extension  was
determined to be in the best interests  of  the  government.   We  interpret
this to be for the convenience of the government  and  as  such,  he  should
have been allowed to extend for a period of less than 12 months, if  he  had
been properly counseled.  Further,  a  review  of  his  enlistment  contract
reveals that the applicant did not initial block  1  of  Section  IX.   This
portion of the contract indicates that a member has been counseled  that  he
can reenlist rather  than  extend.   If  the  applicant  was  not  counseled
properly regarding his reenlistment options, we question what  else  he  may
not have been counseled about.  Lastly, we note that the extension  contract
contains the wrong date of his original  enlistment  -  he  enlisted  on  20
January 1999, however, the extension contract indicates his enlistment  date
was 20 September 1999.  If the applicant had been allowed to reenlist on  17
January 2003 rather than extend,  AFPC  advises  that  he  would  have  been
eligible for the bonus when the supplemental list was released  in  February
2003.  As noted earlier, the applicant has an apparent critical AFSC and  he
desires to  continue  serving  his  country.   Therefore,  in  view  of  the
numerous errors and/or omissions on the part of  the  Air  Force  when  this
extension contract was executed  and  the  strong  possibility  of  improper
counseling, we believe it is in the best interest of the Air Force that  his
extension contract be voided and be replaced with an enlistment contract.

_________________________________________________________________

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 20 January 1999 enlistment  executed  on  17 January
2003 for a period of twelve (12) months be declared void.



b. He was honorably discharged on 19 January 2003,  and  reenlisted  in  the
Regular Air Force on 20 January 2003, for a period of four  (4)  years  with
entitlement to a Zone A, Multiple of 3.5 Selective Reenlistment Bonus.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2002-
00718 in Executive Session on 15 May 2003, under the provisions of  AFI  36-
2603:

            Mr. Robert S. Boyd, Panel Chair
            Mr. Grover L. Dunn, Member
            Mr. James A. Wolffe, Member

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

   Exhibit A.  DD Form 149, dated 27 February 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 17 March 2003.
   Exhibit D.  Letter, SAF/MRBR, dated 21 March 2003.
   Exhibit E.  Letter, Applicant, dated 4 April 2003, w/atchs.





                 ROBERT S. BOYD
                 Panel Chair



AFBCMR BC-2003-00718





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 20 January 1999 enlistment
executed on 17 January 2003 for a period of twelve (12) months be, and
hereby is, declared void.

              b.  He was honorably discharged on 19 January 2003, and
reenlisted in the Regular Air Force on 20 January 2003, for a period of
four (4) years with entitlement to a Zone A, Multiple of 3.5 Selective
Reenlistment Bonus.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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