RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                     DOCKET NUMBER:  BC-2004-00130
            INDEX CODE:  110.02
      XXXXXXXXXXXXXX                  COUNSEL: NONE

      XXXXXXXXXX                      HEARING DESIRED:  NO

_______________________________________________________________
APPLICANT REQUESTS THAT:

His discharge effective 1 December 2002 be changed to a retirement.
_______________________________________________________________

APPLICANT CONTENDS THAT:

He originally intended to retire effective  1  December  2001;  however,  he
extended his enlistment for 12 months and  fulfilled  his  extension  on  30
November 2002.

The  applicant  provided  no  evidence  in  support  of  his  appeal.    The
applicant’s complete submission is at Exhibit A.
_______________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5  October  1981  at  the
age of 18 for a period of four years in the grade  of  Airman  Basic  (E-1).
According to the  military  personnel  data  system,  he  was  progressively
promoted to the grade of technical sergeant (E-6) effective and with a  date
of rank of 1 August 2001.  On 1 November 2001, the applicant requested a 12-
month extension to his current enlistment on Air Force Form 1411,  Extension
or Cancellation of Extensions of Enlistment in  the  Regular  Air  Force/Air
Force Reserve.  On the AF Form 1411, the  applicant  indicated  the  purpose
for his extension  request  was  to  retire  the  first  day  of  the  month
following his high year of tenure date.   The  Air  Force  Personnel  Center
initiated a request on 17 October 2003 to separate  the  applicant  when  it
was discovered he did not request retirement  prior  to  his  expiration  of
term of service on 30 November 2002.  On 22 October 2003, an Air Force  Form
100, Request and Authorization for Separation, was issued  to  separate  the
applicant  effective  30  November  2002.   The  applicant   was   honorably
discharged effective 30 November 2002  for  completion  of  active  service.
The applicant was not available for signature.  He had served  21  years,  1
month, and 26 days on active duty.

_______________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states that the applicant’s  separation
was consistent with the  procedural  and  substantive  requirements  of  the
discharge regulation.   The  applicant  separated  upon  completion  of  his
enlistment and moved to the Philippines, failing to initiate any  action  to
apply for retirement, even  though  he  was  retirement  eligible.   Section
8914, Title 10 United States Code, specifically states,  “Under  regulations
to be prescribed by the Secretary of the Air Force, an  enlisted  member  of
the Air Force who has at least 20,  but  less  than  30,  years  of  service
computed under section  8925  of  this  title  may,  upon  his  request,  be
retired.”  At the time of his departure in  September  2002,  the  applicant
was not issued a DD Form 214  or  a  retirement  order.   DPPRS  states  the
applicant did not submit any evidence or identify any errors  or  injustices
that occurred in the discharge  processing.   The  DPPRS  evaluation  is  at
Exhibit C.

AFPC/DPPRRP recommends denial.  DPPRRP  states  an  Air  Force  member  must
request retirement.  There is no indication in the applicant’s  record  that
he requested retirement on an AF Form  1160,  Military  Retirement  Actions,
nor  did  he  receive  retirement  briefings  and  out-processing  from  the
Military Personnel Flight as required  by  Air  Force  Instruction  36-3203,
Service Retirements.  Indicating an intention to retire while  executing  an
extension is  not  considered  a  request  to  retire.   DPPRRP  states  the
applicant  did  not  provide  any  evidence  to  show  that   he   requested
retirement; therefore, they recommend denial  of  the  applicant’s  request.
The DPPRRP evaluation is at Exhibit D.

ARPC/DPPTR indicates  that  if  the  Board’s  decision  is  to  approve  the
applicant’s request for service retirement, Survivor Benefit  Plan  coverage
will  be  automatically  established  for  all  eligible  beneficiaries   by
operation of the law  retroactive  to  the  effective  date  of  retirement.
Should the applicant disagree with the coverage established, he  may  submit
a formal request to correct the record.  The DPPTR advisory  is  at  Exhibit
E.
_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force Evaluations were forwarded to the  applicant  on  12
March 2004, for review and comment within 30 days.  As of  this  date,  this
office has received no response.
_______________________________________________________________

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 injustice.  The evidence  of  record  supports  the
fact that the applicant did not request retirement  on  an  Air  Force  Form
1160  as  required;  even  though  his  12-month  extension  indicates   his
intentions were to retire effective 1 December 2002.  We are not sure as  to
what sequence of events  interrupted  the  applicant’s  retirement  process;
however, we note that he is eligible for and entitled to  retirement.   Even
though there is no evidence of miscounseling, we feel that  the  applicant’s
servicing personnel office is at least partially at fault for the  oversight
that occurred through a lack of guidance and/or follow-up.   In  any  event,
we feel he has suffered an error or injustice that should  be  rectified  in
favor of the applicant.  In view of the foregoing, it is  our  opinion  that
the applicant’s records should 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  he  was  not  discharged  under  the
provisions of AFI 36-3208 on 30 November 2002,  but  on  that  date  he  was
released from active duty  and  voluntarily  retired  effective  1  December
2002, under the provisions of Title 10, United States Code, Section 8914.
_______________________________________________________________

The following members of the Board considered this application in  Executive
Session on 11 May 2004, under the provisions of AFI 36-2603:

            Mr. John L. Robuck, Panel Chair
            Ms. Olga M. Crerar, Member
            Ms. Martha J. Evans, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2004-00130 was considered:

      Exhibit A.  DD Form 149, dated 30 Oct 03.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPRS, dtd 3 Feb 04, w/atch.
      Exhibit D.  Letter, AFPC/DPPRRP, dtd 5 Feb 04, w/atchs.
      Exhibit E.  Letter, AFPC/DPPTR, dtd 4 Mar 04.
      Exhibit F.  Letter, SAF/MRBR, dated 12 Mar 04.



                                                   JOHN L. ROBUCK
                                                   Panel Chair


AFBCMR BC-2004-00130




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:

      Invitational travel orders be issued by competent authority to
XXXXXXXXXXXXXXXXXXXX, be corrected to show that he was not discharged under
the provisions of AFI 36-3208 on 30 November 2002, but on that date he was
released from active duty and voluntarily retired effective 1 December
2002, under the provisions of Title 10, United States Code, Section 8914.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency