RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01001
INDEX CODE: 112.00
XXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY COMPLETION DATE: 5 OCTOBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
The five-month extension on his current enlistment be canceled.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He extended his enlistment by five months to meet the retainability
requirement for an In-Place Consecutive Overseas Tour (IPCOT) while
stationed at Elmendorf AFB, AK. The IPCOT was never filed; therefore, the
reason for his extension does not exist and should be canceled. He was
miscounseled and would have never extended his enlistment if he knew that
his IPCOT would never be filed. He is engaged to be married and this
extension will prolong the hardship and family separation. He never wanted
to leave Alaska and had planned to separate from active duty while there
and transfer to the Alaska Air National Guard.
In support of his application, he provides a personal statement, his
enlistment document with extension and a copy of his PCS orders. His
submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Military Personnel Data System indicates the
applicant is currently serving on active duty in the grade of senior airman
with an effective date of rank of 20 August 2005.
On 24 May 2005, the applicant requested that his enlistment of 20 August
2002 for a period of 4 years be extended for a period of 5 months to
qualify for CONUS PCS assignment. His request was approved on 24 May 2005
and his date of separation was extended from 19 August 2006 to 19 January
2007.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommends the application be denied. DPPAE states the
applicant received notification of his assignment to Ellsworth AFB, SD in
August 2005. This is evidence enough the IPCOT was not approved and at
that time (within 30 days) the applicant should have requested the 5-month
extension be canceled. DPPAE advises that the Air Force has spent PCS
funds to relocate the applicant back to the US and therefore, he must serve
the 5-month extension. The AFPC/DPPAE evaluation, with attachments, is at
Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he was lied to and the only reason he did not cancel his
extension within 30 days of filing was because he was waiting for the
approval or denial of his IPCOT. If the IPCOT was not approved, he would
have cancelled the extension and if approved he would have served the full
term of the extension. He never intended to PCS and would have finished
his four-year enlistment. Applicant’s letter is at Exhibit D.
_________________________________________________________________
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 an injustice. In
this respect, we are unable to conclude on the basis of the evidence
provided that the applicant was misinformed regarding the timeline
requirements required to cancel his extension. We are not unsympathetic to
the applicant’s situation. However, in the absence of evidence to the
contrary, we find no 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 probable 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 this application in Executive
Session on 25 May 2006, under the provisions of AFI 36-2603:
Ms. Cathlynn B. Sparks, Panel Chair
Mr. Jay H. Jordan, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 w/atchs, dated 23 Feb 06, w/atchs.
Exhibit B. Letter, AFPC/DPPAE, dated 10 Apr 06.
Exhibit C. Letter, SAF/MRBR, dated 21 Apr 06.
Exhibit D. Letter, Applicant, dated 8 May 06.
CATHLYNN B. SPARKS
Panel Chair
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