RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00890
            INDEX CODE:

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to reflect his Date of Separation  (DOS)  as  15
December 2005 rather than 15 November 2006.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He initially applied for an extension of his DOS as required to accept
a follow-on assignment to Italy.  He eventually cancelled his  follow-
on assignment but did not know he had to cancel his extension within a
specified time frame.  He contends once he  found  out  he  needed  to
cancel his extension, he tried and was miscounselled by  the  Military
Personnel Flight (MPF) in that they advised him he had to  cancel  his
extension 30 days prior to  entering  into  the  extension.   When  he
arrived at his new duty station, he tried to cancel his extension  but
was told he could not do so as his extension  paperwork  indicated  he
could only cancel the extension within 30  days  after  canceling  his
orders.

In support of  his  appeal,  the  applicant  has  provided  copies  of
supporting documents including his extension request, cancellation  of
the  follow-on  orders,  new  assignment  paperwork,  pertinent  email
trails, and his original enlistment documents.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant began his Air Force career on 16 December 1999 enlisting for
a period of six years  making  his  DOS  15  December  2005.   He  was
stationed at Misawa Air Base in  Japan  and  received  orders  for  an
assignment to Lajes Field, Portugal when he applied  for  a  follow-on
assignment to Ghedi, Italy.  In order to qualify for the Italy follow-
on, he had to apply for an 11-month extension to his  enlistment.   He
did so on 4 April 2003, and the extension was approved making his  new
DOS  15  November  2006.   On  4 November  2003,  he  applied  for   a
cancellation of the Italy assignment and it was approved.  He  had  30
days from the 4 November 2003 date in which to cancel  his  extension.
He was then reassigned  to  Travis  AFB,  CA  and  reported  there  on
3 November 2004.  In December 2004 he was told  it  was  too  late  to
cancel his extension and he was referred to the AFBCMR.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPAE notes the  applicant  signed  the
Air Force Form 1411, and initialed the  block  in  Section  VIII  that
states, “I understand if the original reason for which I  extended  is
canceled; 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.”
DPPAE states the applicant’s 30 days to cancel the extension began the
day the assignment to Italy was cancelled.

DPPAE’s complete evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
17 June 2005 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, the majority  of  the  Board  agrees  with  the  opinion  and
recommendation of the Air Force office of primary  responsibility  and
adopts its  rationale  as  the  basis  for  our  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
applicant signed a contract that included specific instructions on how
to cancel the contract.  Despite his allegations of miscounselling,  a
majority of the Board feels he should honor the contract.   Therefore,
in the absence of evidence to the contrary, the majority of the  Board
finds no compelling basis to recommend granting the relief  sought  in
this application.

_________________________________________________________________

RECOMMENDATION OF THE BOARD:

A majority of the  panel  finds  insufficient  evidence  of  error  or
injustice and recommends the application be denied.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2005-00890 in Executive Session on 9 August 2005, under the provisions
of AFI 36-2603:

      Mr. Laurence M. Groner, Panel Chair
      Mr. Richard K. Hartley, Member
      Ms. Renee M. Collier, Member

By a majority vote, the Board voted to deny the request.  Ms.  Collier
voted to correct the record but does not wish  to  submit  a  minority
report.  The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 31 Jan 05, w/atchs.
    Exhibit B.  Letter, AFPC/DPPAE, dated 13 Jun 05.
    Exhibit C.  Letter, SAF/MRBR, dated 17 Jun 05.




                                   LAURENCE M. GRONER
                                   Panel Chair


BC-2005-00890




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 APPLICANT, be corrected to show the extension of his 16
December 1999 enlistment for a period of 11 months, executed on 4 April
2003, 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:  APPLICANT, Docket No:  BC-2005-00890

      I have carefully considered all the circumstances of this case and do
not agree with the majority members of the panel that the applicant’s
request should be denied.

      The majority of the panel is not convinced that the applicant should
be allowed to cancel his 11-month extension of duty.  They believe, despite
his allegations he was miscounselled, he should honor the contractual
agreement he entered into with the Air Force.

      Since the Air Force allowed the applicant to decline the assignment
which caused him to execute the extension in question, it should be
cancelled notwithstanding his failure to act in a timely manner. In
arriving at my decision, I am keenly aware that the Air Force is in the
process of downsizing.




                                                                        JOE
G. LINEBERGER

Director
                                                                        Air
Force Review Boards Agency