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AF | BCMR | CY2006 | BC-2006-00798
Original file (BC-2006-00798.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00798
            INDEX NUMBER:  128.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  15 September 2007


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to reenlist retroactively as of Apr 04 for  the  maximum
years and months possible and also be made eligible  to  apply  for  a
follow-on assignment.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was misinformed regarding his reenlistment.

He received notice in Mar 04 he had received a follow-on assignment to
Alaska.   When  he  inquired  about  retainability  at  his   military
personnel flight (MPF), he was advised to get a career job reservation
(CJR) and to reenlist.  He applied for a CJR on 13 Apr 04 and received
notification a couple of days later it was approved and that he  could
start his paperwork to reenlist.   However,  after  he  submitted  his
paperwork, he received an e-mail stating he could not reenlist because
he was a first-term airman and could not reenlist any earlier than  59
months.  He was also advised he had lost his assignment to Alaska.  He
also lost the Selective Reenlistment Bonus (SRB) for his career field.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered the Air  Force  on  26  May  99  on  a  six-year
enlistment.  This established his date of separation (DOS) as   25 May
05.  On 25 Jan 05, he was approved for a 14-month in place consecutive
overseas tour (IPCOT), which established his DOS as 25 Jul 06.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE  recommends  denial  of   the   applicant’s   request   for
retroactive reenlistment and award of an SRB.

AFI 36-2602, Reenlistment in the USAF, outlines the  requirements  for
reenlistment  eligibility  of  first-term  airmen.   As   a   six-year
enlistee, the applicant must have had at least 60  consecutive  months
of service on his current enlistment  and  serving  in  the  grade  of
senior airman or higher.  The applicant was not eligible  to  reenlist
at any time prior to May 04.  Since he has not reenlisted, he also  is
not eligible for an SRB

The complete evaluation, with attachments, is at Exhibit C.

AFPC/DPAAS3 recommends denial of the applicant’s request for a follow-
on assignment.

The applicant was required to obtain 36 months retainability  for  his
assignment to Alaska before  he  could  make  a  permanent  change  of
station (PCS) move.  He could not obtain retainability for the follow-
on due to reenlistment rules in effect at the time.  Consequently, his
assignment  was  cancelled.   He  should  have   provided   additional
Continental United States (CONUS) preferences to his MPF for a follow-
on assignment.  He was assigned to the CONUS in accordance with AFI 36-
2110.

They note that the applicant may apply for the first-term airman  base
of preference program (AFI 36-2110, Atch 2 for CONUS  locations  only)
or compete for an overseas assignment by using the  overseas  Enlisted
Quarterly Assignment Listing (EQUAL).

The complete evaluation, with attachments, is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
14 Apr 06 for review and comment within 30 days.  To date, a  response
has not been received.

_________________________________________________________________

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 an error or injustice warranting corrective action by
this Board.  After a thorough review of the  evidence  of  record  and
applicant’s  complete  submission,  we  are  not  persuaded  that  the
applicant  should  be  given  the   relief   requested.    Applicant’s
contentions are duly noted; however we found no  evidence  showing  an
error was made or that he was miscounseled at any time.  Therefore, we
agree with the opinions and recommendations of the Air  Force  offices
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.  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 Docket  Number  BC-2006-
00798 in Executive Session on 18 May 2006, under the provisions of AFI
36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Gregory A. Parker, Member
      Ms. LeLoy W. Cottrell, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Mar 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 24 Mar 06, w/atchs.
    Exhibit D.  Letter, AFPC/DPAAS3, dated 7 Apr 06, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated dated 14 Apr 06.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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