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AF | BCMR | CY2004 | BC-2004-02408
Original file (BC-2004-02408.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02408
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her 17-month extension be cancelled and her 28 July 2004  reenlistment
be corrected to total only 4 years.

_________________________________________________________________

APPLICANT CONTENDS THAT:

She was offered an assignment that required additional  retainability.
To accept the assignment, she extended her enlistment  by  17  months.
After extending  her  enlistment  she  was  notified  of  a  follow-on
assignment that would also require additional retainability.  Had  she
known of the follow-on assignment, she would have  reenlisted  earlier
instead of extending her current enlistment.

In support of her appeal, the applicant has  provided  copies  of  her
reenlistment documents,  her  extension  paperwork,  orders  for  both
assignments and a Report of Individual Personnel (RIP).

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

_________________________________________________________________

STATEMENT OF FACTS:

On 5 March 2004, she was notified of an assignment to Osan  AB,  Korea
for which she needed additional retainability.   In  order  to  accept
this  assignment  she  applied  for  a  17-month  extension   of   her
enlistment.  The extension was approved and her new Date of Separation
(DOS) was 4 December 2005.  On 15 July 2004, she  was  notified  of  a
follow-on assignment to Aviano AB, Italy that  she  needed  additional
retainability to accept.  She reenlisted on 28 July 2004, and incurred
a  service  obligation  of  4  years  and  15  months  –  a  four-year
reenlistment and the 15 months  remaining  on  her  previous  17-month
extension.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPAE  recommends  denial.   DPPAE  states   she   received   the
assignment notification to Korea on 5 March 2004.  She had  to  obtain
additional retainability within 30 days (4 April 2004) to  accept  the
assignment.  Her extension was not approved until 19 April 2004  –  15
days past the 30-day deadline with which to obtain the  retainability.
The offer had not expired however, and DPPAE therefore  considers  the
17-month extension a valid one.  She then received notification  of  a
follow-on assignment on 15 July 2004.  After notification, she had  to
reenlist for four years in order to accept the assignment.  Both  sets
of retainability were obtained for valid reasons  and  should  not  be
cancelled or changed.  She chose to extend rather  than  reenlist  for
her first assignment even though she knew there was a chance she would
receive a follow-on assignment.  She signed a valid extension form for
the first assignment and then reenlisted for four years.  The  fifteen
remaining months of her extension must remain part of her obligation.

DPPAE’s 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
10 September 2004 for review and comment within 30 days.  As  of  this
date, no response has been received by this office.

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and  adopt  their  rationale  as  the
basis for our conclusion that the applicant has not been the victim of
an error or injustice.  The applicant  chose  to  extend  rather  than
reenlist for her first assignment and signed a  valid  extension  form
for the first assignement due to assignment  requirements.  Therefore,
in the absence of evidence to the  contrary,  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-
2004-02408  in  Executive  Session  on  13  October  2004,  under  the
provisions of AFI 36-2603:

      Ms. Martha J. Evans, Panel Chair
      Mr. Jay H. Jordan, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 30 August 2004.
    Exhibit D.  Letter, SAF/MRBR, dated 10 September 2004.




                                   MARTHA J. EVANS
                                   Panel Chair



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