RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00642

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

The 23-month extension of his enlistment contract and his original  date  of
separation be restored.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While stationed at McConnell AFB, he received orders to Osan AB  Korea  with
a guaranteed follow-on to RAF Lakenheath AB, England.  He  was  informed  he
needed to extend his  enlistment  to  receive  these  orders.   He  was  not
informed of the 30-day window to cancel the extension if so  desired.   Just
before departing Osan, he was once again notified he had  an  assignment  to
Dyess AFB, TX 30 days prior to his departure from  Osan.   He  was  informed
those orders were cancelled and he had until the close of business that  day
to pick from 5 bases.  He chose Nellis AFB, NV.  Since he did  not  go  from
overseas to overseas, he had no reason to keep the extension.

During this jumbling of assignments, he had gotten the retainability  to  go
to Lakenhealth AB, but felt he was rushed through the process of  doing  the
extension.  He has realized the importance of questioning anything on  these
contracts, which he did not fully understand, and the necessity  of  reading
carefully these contracts before signing.

In support of his request applicant provided a copy of  his  AF  Force  Form
901, Reenlistment Eligibility Annex, DD  Form  4/1,  Enlistment/Reenlistment
Document Armed Forces of the United States, and AF Form 1411,  Extension  or
Cancellation of Extension of Enlistment in the Regular Air  Force/Air  Force
Reserve.

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

_________________________________________________________________





STATEMENT OF FACTS:

Applicant is currently serving in the Regular Air  Force  in  the  grade  of
staff sergeant.  On 2 September 1998, he enlisted for six years  giving  him
a date of separation (DOS) of 1 September  2004.   On  14  March  2002,  the
applicant  extended  this  enlistment  for  23  months  to  qualify  for  an
assignment.  His new DOS is now 1 August 2006.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE indicates AF Form 1411, section VIII, member initialed the  block
that states “I understand if the original reason for  which  I  extended  is
cancelled, I may request cancellation of this extension provided I have  not
entered it.  If I am eligible and want to  cancel  this  extension,  I  must
request cancellation within THIRTY CALENDAR DAYS of the date I  am  notified
the original reason for which I  extended  no  longer  exists.   Failure  to
cancel the extension within the 30-calendar day limit will be  considered  a
willingness on my part to serve out the extension.”

AFPC/DPPAE states the applicant’s 30 days to cancel the extension began  the
day the assignment to Lakenheath was cancelled; therefore, applicant  should
have had enough time to cancel this extension  within  the  time  limit  and
recommends denial.

AFPC/DPPAE complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  26
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  error  or  injustice.   Having   reviewed   the   applicant’s
submission and the evidence of record,  the  majority  of  the  Board  finds
there is sufficient basis to  believe  that  the  applicant  may  have  been
miscounseled in this case.  In this  respect,  the  majority  of  the  Board
notes that the applicant executed an extension contract  on  14  March  2002
for a period of 23 months to qualify  for  an  overseas  assignment.    This
extension provided him with 23 months retainability, which would  have  been
required for an assignment tour to the United Kingdom.  However,  since  the
assignment was canceled, according to the applicable Air Force  Instruction,
an applicant can request cancellation of this extension within  30  calendar
days of the date he was notified the original reason for which  he  extended
no longer exists.  Although  he  provides  no  corroborative  evidence,  the
majority of the Board believes that it is reasonable to assume that  he  was
miscounseled regarding the cancellation of  this  retainability  requirement
because  of  the  assignment  to  the  United  Kingdom  no  longer  existed.
Therefore, in order to remove any possibility of an injustice, 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 the  extension  of  his  2  September
1998 enlistment for a period of 23 months, executed on  14  March  2002,  be
declared void.

_________________________________________________________________

The following members of the Board considered Docket  Number  2004-00642  in
Executive Session on 3 June 2004, under the provisions of AFI 36-2603:

                  Mr. Gregory H. Petkoff, Panel Chair
                  Ms. Renee M. Collier, Member
                  Ms. Martha A. Maust, Member

By a majority vote, the Board voted to correct the records  as  recommended.
Ms. Collier voted to deny the  application  but  elected  not  to  submit  a
minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 23 Feb 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 16 Mar 04
   Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.



                                   GREGRORY H. PETKOFF
                                   Panel Chair

AFBCMR 2004-00642




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 XXXXXXX, XXXXXXX, be corrected to show the extension
of his 2 September 1998 enlistment for a period of 23 months, executed
on 14 March 2002, be, and hereby is, declared void.






   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
               CORRECTION OF MILITARY RECORDS (AFBCMR)

SUBJECT:  AFBCMR Application of XXXXXXX, XXXXXXX

      I do not agree with the analysis of the majority of the panel.
However, noting the circumstances of this case, including the applicant’s
recently expressed desire to separate and the significant current force
downsizing, make granting relief in the best interest of the Air Force.
Therefore, I concur with the majority of the Board recommendation to grant
relief.

      Please advise the applicant accordingly.




                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards
Agency