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AF | BCMR | CY2006 | BC-2004-03497
Original file (BC-2004-03497.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-03497

      XXXXXXX          COUNSEL:  None

      XXXXXXX          HEARING DESIRED:  No


MANDATORY CASE COMPLETION DATE:  29 SEP 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

His 6-year  reenlistment  be  voided  and  replaced  with  a  48-month
extension.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was told by formal  training  and  reenlistments  that  he  had  to
reenlist to retrain because the length of  the  training  required  to
become a pararescueman.

In support of his request, the applicant submits  a  personal  letter,
copies of AF Form 901, Reenlistment Eligibility Annex to DD Form 4 and
DD Form 4, Enlistment/Reenlistment Document, DD Form 1610, Request and
Authorization for TDY Travel of DoD Personnel.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is currently serving in the Regular  Air  Force  in  the
grade of staff sergeant (E-5).

The applicant previously reenlisted  on  1  January  1998  giving  the
applicant a DOS of 31 December 2001.  The applicant reenlisted  on  21
September 2001 for six (6) years giving him a date of separation (DOS)
of 20 September 2007.  Member was not approved for retraining until  5
February 2002.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommended disapproval and stated  member  had  reenlisted
prior to retraining approval,  there  is  no  reason  to  cancel  this
reenlistment and replace it with an extension.
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
17 December 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  not  timely  filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3. Sufficient relevant evidence has been presented to demonstrate  the
existence of an error or injustice warranting corrective  action.   It
appears the applicant was miscounseled by  Military  Personnel  Flight
(MPF)  representative  concerning  the  circumstances  involving   his
retraining into the Pararescue  career  field  when  he  executed  his
reenlistment contract on 21 September 2001 for six years.  We believe,
had the applicant been properly counseled  regarding  his  options  of
extending his enlistment or  reenlisting  during  his  retraining,  he
would have initially extended rather than reenlisted  and  would  have
then been eligible for the  a  reenlistment  bonus.  In  view  of  the
circumstances presented and in an effort to remove any possibility  of
an error or injustice to the applicant, we recommend  his  records  be
corrected to the extent 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:

      a. His 21 September 2001 reenlistment for a period  of  six  (6)
years be, and hereby is, declared void.

      b. On 19 September 2001, he executed an  extension  to  his   20
September 2001 enlistment for a period of 43 months.

      c. He was honorably discharge on 2 September 2004 and reenlisted
in the Regular Air Force on 3 September 2004 for a period of four  (4)
years  with  entitlement  to  a  Zone  B,   multiple   5.5   Selective
Reenlistment Bonus.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
03497 in Executive Session on 7 July 2005, under the provisions of AFI
36-2603:

      Mr. Richard A. Peterson, Panel Chair
      Mr. James W. Russell III, Member
      Ms. Sue A. Lumpkins, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Oct 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPAE, dated 10 Dec 04.
   Exhibit D.  Letter, SAF/MRBR, 17 Dec 04.




                                   RICHARD A. PETERSON
                                   Panel Chair

AFBCMR BC-2004-03497




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 that:

          a.  His 21 September 2001 reenlistment for a  period  of  six  (6)
years be, and hereby is, declared void.

                b. On 19 September 2001, he executed an extension to  his  1
January 1998 enlistment for a period of 43 months.

                c.  He was honorably discharged on 2 September 2004
and reenlisted in the Regular Air Force on 3 September 2004 for a
period of four (4) years with entitlement to a Zone B, multiple 5.5
Selective Reenlistment Bonus.






   JOE G. LINEBERGER

   Director

   Air Force Review Boards Agency

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