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AF | BCMR | CY2006 | BC-2006-01001
Original file (BC-2006-01001.doc) Auto-classification: Denied

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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