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AF | BCMR | CY2003 | BC-2003-03177
Original file (BC-2003-03177.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03177
            INDEX CODE:  110.01

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His date of separation (DOS) be adjusted from 21 Apr 05 to 21 Aug 04.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The extension of his enlistment was unjust because he was rushed  into
making a hasty decision to obtain retainability for a permanent change
of station (PCS) assignment.

In support of his appeal, the applicant provided an expanded statement
and documentation pertaining to the extension of his enlistment.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 22 Aug 00 for a  period
of four years in the grade of airman basic.  His  date  of  separation
(DOS) was 21 Aug 04.

An AF Form 1411 (Extension or Cancellation of Extensions of Enlistment
in the Regular Air Force/Air Force Reserve) indicates that on  17  Apr
03, the applicant extended his enlistment for eight months to  qualify
for a permanent change of station (PCS) assignment, changing  his  DOS
to 21 Apr 05.  In Section IX  of  the  AF  Form  1411,  the  applicant
initialed the form acknowledging that he knew he could reenlist rather
than extend, but he has elected to execute this extension  instead  of
reenlisting.

Information extracted from the Personnel Data System  (PDS)  indicates
that the applicant is currently serving on active duty in the grade of
senior airman, having been promoted to that grade on 22 Aug  03.   His
Total Active Federal Military Service Date (TAFMSD) is 22 Aug 00.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommended denial noting that the applicant initialed that
he understood that he could reenlist rather than extend  and  that  he
chose to extend at that time.  According to AFPC/DPPAE, the  extension
is valid and should not be canceled.  They indicated  that  under  the
Full Enlistment Program that came in effect in  Jun  01,  all  of  the
applicant’s obligated service is added to the  term  of  years  he  is
reenlisting.  He is within 12 months of his expiration term of service
and, therefore, is eligible to reenlist for five years and six  months
(this is an estimate based on an unknown reenlistment date) and  would
receive a Selective Reenlistment Bonus (SRB) for four years.

A complete copy of the AFPC/DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  10
Oct 03 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

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  error  or  injustice.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find  the  applicant’s  assertions  or  the
documentation  submitted  in  support  of  his   appeal   sufficiently
persuasive to override the rationale provided by the Air Force  office
of  primary  responsibility  (OPR).  Therefore,  in  the  absence   of
sufficient evidence the applicant was not properly advised  concerning
his PCS retainability options, or that he was treated differently than
others similarly situated, we agree with the recommendation of the OPR
and adopt their rationale as the  basis  for  our  decision  that  the
applicant has failed to sustain his burden of establishing that he has
suffered either an error or an injustice.   Accordingly,  we  find  no
compelling 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 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 AFBCMR Docket Number BC-
2003-03177 in Executive Session on 18 Nov 03, under the provisions  of
AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Mr. Christopher Carey, Member
      Mr. Michael J. Maglio, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Sep 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 1 Oct 03.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Oct 03.




                                   BRENDA L. ROMINE
                                   Panel Chair



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